![]() ![]() 8 LOEL refers to what was taken away from the injured plaintiff and may be proven by objective evidence establishing the curtailment of any of the plaintiff's activities (e.g., recreational, household, daily living). Numerous courts believe that LOEL is conceptually distinct from P&S and that separate verdict questions do not lead to jury confusion or duplication of damage awards. The issue, in other words, is whether a separate verdict question can be submitted to the jury. An important issue which divides the courts, however, is whether an award for these damages can be made separate and apart from damages for “pain and suffering”. In the majority of jurisdictions, plaintiffs who are unable to engage in the same life activities after an injury may be awarded damages for their “loss of capacity to enjoy life" or LOEL. This chapter seeks to assist in that task by examining their recoverability, proof, and valuation in personal injury and survival actions. Since these damages could conceivably constitute a significant, if not chief, portion of jury awards, personal injury attorneys should certainly educate themselves with the issues and methods involved. Supreme court guidelines on the admissibility of expert witness testimony, such testimony is likely to be increasingly relied upon by juries. The mathematical quantification of damages which heretofore were considered non-pecuniary or non-economic 4 has the legal community in a flurry. Perhaps the most current and hotly debated issue with hedonic damages is the appropriateness of using expert economic testimony to assign them a monetary value. Whether state or federal law governs the action can also affect their recoverability. The exact nature and recoverability of hedonic or LOEL damages, therefore, turns on the cause of action involved. It generally refers to damages for the “loss of enjoyment of life” which of course are recoverable in personal injury and survival actions, either as a separate element of damage, “loss of enjoyment of life" (LOEL) or “disability, nature, duration and extent,” or as a factor in “pain and suffering” (P&S). It has stirred considerable controversy in the legal press since this author first coined the term in 1983 in the wrongful death case of Sherrod v. Hedonic damages, 1 a provocative phrase, is a new label for this established concept. Thus, there is a significant loss of enjoyment of life, completely separate from lost wages and other elements of damages. In cases involving brain injury, individuals sustain a significant impairment of their capacity to engage in the challenging and satisfying process of living one's life. This article first appeared in: Analysis, Understanding and Presentation of Cases Involving Traumatic Brain Injury”, National Head Injury Foundation, February, 1994 These are results we could all live with. This encourages settlements rather than trials, and thereby reduces litigation and insurance costs. It can reduce the wide variability of awards which contributes to the current win/lose lottery effect of personal injury lawsuits. Testimony on hedonic damages can produce more consistent and rational jury verdicts. JEL Classification: M310.Economic testimony on the value of life is becoming increasingly common. Keywords: utilitarian value, hedonic value, social value, perceived risk, customer satisfaction, e-commerce. Finally, the results show, perceived risk significantly influences customer satisfaction. ![]() However, the findings showed that social value did not have a significant effect on customer satisfaction, meaning that the level of the social value of e-commerce customers does not have a significant impact on the level of customer satisfaction. Hedonic value significantly influences customer satisfaction. The results of the study showed that utilitarian value significantly influences customer satisfaction. Data was collected through an online survey and analyzed using Structural Equation Modeling (SEM) with the WarpPLS tool version 6.0 which was then analyzed through Inferential Statistics analysis. Abstract : The purpose of this study is to build an understanding of the influence of utilitarian value, hedonic value, social value, and perceived risk on e-commerce customer satisfaction in Indonesia. ![]()
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