Death, happiness, and the calculation of compensatory damages

Publication type

Journal Article

Authors

Publication date

June 1, 2008

Abstract:

This paper presents a study of the mental distress caused by bereavement. The greatest emotional losses are from the death of a spouse, the second greatest from the death of a child, and the third from the death of a parent. The paper explores how happiness regression equations might be used in tort cases to calculate compensatory damages for emotional harm and pain and suffering. We examine alternative well-being variables, discuss adaptation, consider the possibility that bereavement affects someone’s marginal utility of income, and suggest a procedure for correcting for the endogeneity of income. Although the paper’s contribution is methodological and further research is needed, some illustrative compensation amounts are discussed.

Published in

Journal of Legal Studies

Volume

Volume: 37 (S2): S217-S251

DOI

http://dx.doi.org/10.1086/595674

Subjects

Notes

Albert Sloman Library Periodicals *restricted to Univ. Essex registered users*

#512819

News

Latest findings, new research

Publications search

Search all research by subject and author

Podcasts

Researchers discuss their findings and what they mean for society

Projects

Background and context, methods and data, aims and outputs

Events

Conferences, seminars and workshops

Survey methodology

Specialist research, practice and study

Taking the long view

ISER's annual report

Themes

Key research themes and areas of interest