Question: Do you get “sentimental value” for the loss of personal property (like your grandfather’s gift of his car to you) due to the negligence of another person?
Answer: Usually No. See below. When personal property is the subject of an award, damages are measured by its fair market value at the time of the loss, fair market value being the price a willing seller will accept from a willing buyer. Instead of allowing only the fair market value of secondhand goods, the court determines the owner may recover the value of the goods to him, based on his actual money loss resulting from his being deprived of the property, or the difference in actual value caused by the injury excluding any fanciful or sentimental values which he might place on them. When we refer to sentimental value, we do not mean mawkishly emotional or unreasonable attachments to personal property. Rather, we are referring to the feelings generated by items of almost purely sentimental value, such as heirlooms, family papers and photographs, handicrafts, and trophies. What we are referring to basically are those items generally capable of generating sentimental feelings, not just emotions peculiar to the owner. Finally, Indiana has long followed the general rule that damages for mental anguish are recoverable only when accompanied by and resulting from a physical injury.
