Measuring damages for lost enjoyment of life: the view from the bench and the jury box.

@article{Poser2003MeasuringDF,
  title={Measuring damages for lost enjoyment of life: the view from the bench and the jury box.},
  author={Susan Poser and Brian H. Bornstein and E. Kiernan McGorty},
  journal={Law and human behavior},
  year={2003},
  volume={27 1},
  pages={
          53-68
        }
}
Civil jury instructions are inconsistent in defining what constitutes noneconomic damages, which may include pain, suffering, disability, disfigurement, and loss of enjoyment of life (LEL), among other injury sequelae. This inconsistency has been manifested recently in court decisions that have considered whether LEL should be treated as a separate element of noneconomic damages, distinct from pain and suffering. This paper reviews the case law on this issue and also describes a jury simulation… CONTINUE READING

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