Affective forecasting about hedonic loss and adaptation: Implications for damage awards.

Abstract

In tort lawsuits, plaintiffs may seek damages for loss of enjoyment of life, so-called hedonic loss, which occurred as a result of an accident or injury. In 2 studies, we examined how people judge others' adaptation and hedonic loss after an injury. Laypeople's forecasts of hedonic loss are relevant to concerns about whether jurors appropriately compensate plaintiffs. Longitudinal data of subjective well-being (e.g., Binder & Coad, 2013) show that hedonic loss is domain-specific: Many physical impairments (e.g., strokes) inflict less hedonic loss than many persistent yet invisible ailments (e.g., mental illness and conditions that cause chronic pain). We used vignette methodology to determine whether laypeople (n = 68 community members and 65 students in Study 1; 87 community members and 93 students in Study 2) and rehabilitation professionals (n = 47 in Study 2) were aware of this fact. In Study 1, participants' ratings of hedonic loss subsequent to a physical injury and a comparably severe psychological impairment did not differ. In Study 2, ratings of short- and long-term hedonic loss stemming from paraplegia and chronic back pain showed that neither laypeople nor professionals understood that hedonic loss is domain-specific. These findings imply that observers may forecast a future for people who suffered serious physical injuries as grimmer than it is likely to be, and a future for people who experience chronic pain and psychological disorders as rosier than is likely. (PsycINFO Database Record

Bias in predicted and remembered emotion

“…Compared to prior research showing hedonic adaptation to physical injuries, laypeople and rehabilitation specialists overestimated how long injury victims would suffer. This bias may result in excessive damage awards in court to compensate victims for hedonic loss [21]. Yet, overestimating emotion also boosts motivation [22,23].…”

Stigma against false confessors impacts post‐exoneration financial compensation

“…First, they separately rated the degree to which police and Mr Williams were responsible for Mr Williams' wrongful conviction, each on a scale from 1 ( not at all ) to 5 ( very ). Second, they separately awarded compensatory and punitive damages, each on an 11‐point (i.e., 0–10) scale adapted from Greene, Sturm, and Evelo (). Each response option included a range of dollar amounts that were approximately intervallic when log transformed (i.e., 0, no damages ; 1, less than $12,000 ; 2, $12,000–$25,000 ; 3, $25,000–$50,000 ; 4, $50,000–$100,000 ; 5, $100,000–$250,000 ; 6, $250,000–$500,000 ; 7, $500,000–$1 million ; 8, $1 million–$2 million ; 9, $2 million–$4 million ; 10, more than $4 million ).…”

Adaptation and illness severity: the significance of suffering

“…Research suggests that adaptation to illness is highly domain-specific; some illnesses are easier to adapt to than others (Greene et al 2016 ). Likely candidates for non-adaptable health conditions are certain forms of mental illness and chronic pain conditions.…”