American Association For Justice - The Association for Trial Lawyers
Justia - 9.7 Rating
Avvo Rating 10 - Top Attorney Personal Injury
Interstate Trucking Litigation Group - 2016
Avvo Rating
New Mexico - Trial Lawyers Association-Foundation

New Mexico Federal District Court Decides Motion to Exclude Testimony on Hedonic Damages in Wrongful Death Case

Law Office of Matthew Vance, P.C.

Hedonic damages are a measure of damages recognized by New Mexico personal injury law. They are meant to provide compensation for the pleasure of being alive. Following a deadly collision between the driver of a motorcycle and the driver of a car, a New Mexico federal magistrate judge decided to admit qualitative expert testimony on hedonic damages and exclude expert testimony quantifying hedonic damages.

The case arose after a person riding his motorcycle collided with a person driving a car, who turned in front of the motorcycle. The collision, which took place in Grants, New Mexico, resulted in the death of the driver of the motorcycle and the filing of a wrongful death lawsuit. The plaintiffs were the personal representative of the wrongful death estate of the deceased motorcyclist and relatives of the deceased. The defendants were the personal representative of the estate of the driver of the car that collided with the motorcyclist and an automobile insurance company.

The plaintiffs wished to introduce at trial testimony from an economist concerning the value of economic losses resulting from the death of the motorcyclist, including lost earning capacity and loss of household services. The plaintiffs also sought to introduce at trial the economist’s testimony as to hedonic damages. The defendants sought to exclude any expert testimony regarding hedonic damages.

The court applied New Mexico state law to the question of whether the law allowed for a recovery for hedonic damages, and concluded that a recovery was possible. The court applied Federal Rule of Evidence 403 to analyze whether, and to the extent to which, expert testimony on hedonic damages was admissible at trial. The court was presented with a difficult task insofar as the plaintiffs wanted to establish a monetary value for the damage caused by the alleged wrongful death and the defendants argued that admitting the expert testimony regarding hedonic damages would be unfairly prejudicial to them as well as misleading, speculative, and confusing to the jury.

The court struck a balance. It decided not to allow the plaintiffs to present to the jury, via expert testimony, a dollar amount in an attempt to quantify the value of the life of the deceased motorcyclist. The court also concluded that the risk of undue prejudice did not outweigh the probative value to the jury of qualitative expert testimony regarding the concept of hedonic damages and pointing out the areas to be considered in evaluating such damages.

Accidents can be devastating, leading to personal injuries or loss of life. If you or your loved one was injured in an accident, there may be grounds for an award of damages. An award of monetary damages can assist people coping with the wrongful death of a loved one. It can also help people who are injured and their families with losses, including the medical costs, lost wages, and pain and suffering caused by the accident. To understand more about your case, call New Mexico personal injury lawyer Matthew Vance at the Law Office of Matthew Vance, P.C. We provide a free consultation and can be reached at (505) 242-6267 or online.

More Blog Posts:

New Mexico Federal Trial Court Rules Personal Injury Case Should Proceed to Trial

Legal Element of Causation Must be Proven in New Mexico Lawsuits Alleging Negligence

Client Reviews

I would recommend his services. They have a very informative staff as well. He helped me gather the most out of my car accident settlement and I'm most thankful that I went with Matt instead of a big name law firm you see on tv. When I was injured he was able to come to my house and do my first...

Audrey I.

Great and honest, helped me a lot to win my case.

Amir S.

Mr. Vance was attentive, diligent and even keeled throughout the process of fighting for my case. He exhibits a quiet and calm confidence in what to do and how to prepare. He always gave me the facts and did not BS me with exaggerated promises. He always treated me and my family as people, not a...

Chris

Matt and his team are amazing. They contacted me when I needed to come into the office to sign forms, and they only bothered me when they had a question on something. They took care of everything from beginning to end. I am so appreciative of them. And would refer them to my closest friends.

C. J.

Matt and his team are absolutely amazing and helped me more than enough with my case. He is very knowledgeable and friendly. He made a very difficult situation, seamless. Thank you so much!

Chris G.

Get in Touch

Fill out the contact form or call us at (505)-242-6267 to schedule your free consult.

  • Group.png Schedule a Free Consult
  • Group.png No Fees Unless You Win
  • Group-1.png Over 24 Years of Experience

Leave Us a Message