11-1-69 - Prohibition of hedonic damages in civil actions.
§ 11-1-69. Prohibition of hedonic damages in civil actions.
(1) In any civil action for personal injury there may be a recovery for pain and suffering and loss of enjoyment of life. However, there shall be no recovery for loss of enjoyment of life as a separate element of damages apart from pain and suffering damages, and there shall be no instruction given to the jury which separates loss of enjoyment of life from pain and suffering. The determination of the existence and extent of recovery for pain and suffering and loss of enjoyment of life shall be a question for the finder of fact, subject to appellate review, and the monetary value of the pain and suffering and loss of enjoyment of life shall not be made the subject of expert testimony.
(2) In any wrongful death action, there shall be no recovery for loss of enjoyment of life caused by death.
Sources: Laws, 2002, 3rd Ex Sess, ch. 4, § 10, eff from and after Jan. 1, 2003.