Personal Injury Non-Economic Damages Claims: Enjoyment of Life
If you’ve been the victim of an accident, whether a car crash, fall or workplace injury, you want to be sure you are protected in all phases of your claim.
Imagine that you’re injured. You are facing pain, loss of work and uncertainty. The legal system can help you receive compensation for those major losses. In addition to the physical pain and financial worries about mounting medical bills, you may also realize that you are unable to do important activities that you enjoyed fully before you were hurt.
One area of damages that you may be eligible for is loss of enjoyment of life. This area of damages affects suffering that is the result of the impact of the accident. Specifically, it related to the ability to enjoy areas of life that you were able to partake in previously but, due to the accident, are now adversely affected.
If you make a claim for a loss of enjoyment of life, you may be eligible for financial compensation for the mental and physical toll your injuries have had on your life.
What Is Loss of Enjoyment of Life?
Loss of enjoyment of life is an area of damages in a legal claim due to an accident or injury. Other areas commonly claimed in a lawsuit related to an accident include medical expenses and loss of income.
A loss of enjoyment of life is considered a non-economic damage. That means it’s intangible and relates instead to the emotional distress you are facing as a result of the damages.
Victims often face traumatic, life-changing impacts due to the damage they’ve incurred. Sometimes, these injuries are permanent.
Victims can express the reduction in their overall quality of life in many ways, including journaling or speaking with a mental health counselor.
It’s important to recognize that the legal system recognizes that loss of enjoyment of life as a legitimate consequence of experiencing a personal injury.
How Do Claims for Loss of Enjoyment of Life Work?
When you’re in an accident, you often face injuries that can greatly alter your quality of life. That’s why our legal system exists – to protect those who’ve been injured.
If you’ve been the victim of an accident or injury, the legal system provides you with remedies, allowing you to seek compensation for damages caused by negligence.
Our attorneys can help you in such cases. We can help you determine how to file a claim and what to include, including non-economic damages.
If you are offered a settlement, our attorneys can advise whether it is prudent to accept the deal. If you choose to go to trial, our lawyers will provide a compelling case about your whole case, including the loss of enjoyment of life claims.
The loss of enjoyment of life recognition in the legal system means that you may be eligible for the ways in which your life has been diminished and the loss of pleasure from those activities you hold so dear.
What Are Some Examples of Enjoyment of Life Losses?
There’s no one definition for what qualified as a loss of enjoyment of life. The conditions each person faces will be different.
The types of losses can also vary based on your age and the type of injuries you’ve suffered. They can include everyday activities or major life events.
Here are some examples of activities that can be considered a loss of enjoyment of life:
- Completing regular daily tasks unassisted
- Cooking or preparing meals at home
- Playing sports or doing other physical activities
- Working in your preferred industry or job
- Completing your education, including attending classes, workshops and conferences
- Participating in your favorite hobbies
- Attending parties and other social events
- Participating in family events
- Caring for children
- Traveling or exploring new experiences
- Inability to have sexual function or intimacy
What Kind of Accidents Can Lead to a Loss of Enjoyment of Life?
Negligence can lead to various injuries and incidents that can shape your enjoyment of life damages claim. Some of these incidents can have far-reaching consequences and shape someone’s entire life. Here are the most common types of accidents that can result in a claim of a loss of enjoyment of life:
- Motor vehicle accidents, including car accidents, truck accidents, self-driving-car accidents and pedestrian or bicycle accidents. These vehicular accidents can lead to multiple debilitating injuries, including:
- Traumatic brain injuries that affect cognitive function
- Spinal cord injuries, some of which can lead to permanent or temporary paralysis
- Amputations of arms or legs that limit mobility and functionality
- Burns that cause physical and emotional pain
- Medical malpractice, including errors in treatments, medications and surgeries. Such errors can lead to the following:
- Permanent disabilities due to surgical mistakes
- Worsened conditions or prognosis due to misdiagnoses or delays in diagnoses
- Allergic or other reactions caused by incorrect medication prescriptions
- Hindered child development caused by birth injuries
- Workplace accidents, which can cause serious injuries and lead to consequences, including:
- Falls from ladders, scaffolding and other heights that can result in head and neck injuries
- Machinery accidents that lead to the loss of limbs, head injuries or other long-term health issues
- Repetitive strain injuries that can lead to persistent, ongoing, chronic pain
- Exposure to toxic chemicals or other substances that result in long-term health problems
- Construction accidents, leading to:
- Falls from heights
- Crush injuries due to machinery or falling objects, leading to amputations, loss of function and nerve damage
- Electrocution accidents, leading to neurological problems
- Slip and fall accidents, which can occur in someone’s home or a business. Such accidents can lead to:
- Head injuries and cognitive problems
- Broken bones, such as arms, legs or hips, that latter of which can be debilitating to older people
- Back injuries that hinder mobility and lead to persistent pain
- Assault and battery incidents, which can lead to physical and psychological problems, including:
- Post-traumatic stress disorder (PTSD) and other emotional consequences
- Physical injuries
- Emotional trauma
- Dog bites, which can cause harm to mind and body, including:
- Physical injuries
- Psychological trauma, such as a fear of dogs or public spaces
- Nerve damage, including loss of function and feeling
- Environmental incidents, particularly exposure to harmful substances, such as:
- Lead poisoning, which can lead to childhood cognitive disorders
- Asbestos exposure that leads to cancers such as mesothelioma
- Water contamination that leads to long-term health problems
How Can an Attorney Prove the Loss of Enjoyment of Life?
The loss of enjoyment of life is a subjective determination by a judge or jury. That can mean it’s challenging to prove. Among the ways to build a case are:
- Personal testimony from the injured party to share directly how the injury has affected someone’s life
- Expert witnesses from professionals, such as medical providers, who can share what the impact of these injuries is, the likelihood of recovery and the lifelong impact
- Family and friends who testify about how your life has been changed by the injury, what you used to enjoy and your behavior and mood since the incident
- Documentation, including journals, photos or videos of your life before the injury
- Objective evidence, such as records of you participating in a hobby or sport
What Factors Are Considered When Determining Compensation?
If you are successful in a damages claim, there are many factors that can shape your economic payout. Among the most common considerations are:
- Age of the injured party
- The appearance and permanent visible injuries
- Severity of the injuries
- Future consequences of the injuries
- Work history and educational background of the injured party
- The injured party’s geographic location and cost of living
Where Can I Get Help with a Loss of Enjoyment of Life Plan?
At Shapiro Law Group, we have extensive experience helping people get the compensation they need for the loss of enjoyment of life. If you’ve been injured, turn to our Tampa Bay personal injury attorneys to determine if you have grounds to file a claim.
Call our office at (800) 258-HELP or contact us online for a free consultation.
