By: Armada Law LLC December 23, 2024

Calculating Loss of Enjoyment of Life: What It Means and How to Claim It

What Is Loss of Enjoyment of Life?

Loss of enjoyment of life is one of the non-economic damages that accident victims experience after they suffer injuries that impose physical limitations that no longer allow them to enjoy life as they once did. The extent of the physical or mental injury that they suffered, along with their age, will determine how much an accident victim’s enjoyment of life is hindered as a result of someone else’s negligence.

In personal injury lawsuits, loss of enjoyment of life may affect a person’s ability to carry out even the most basic tasks. It depends on how an injury impacts someone, which may rob them of the joy of cooking for their loved ones, playing sports or an instrument, working in a specific industry, or even pursuing their favorite hobbies from hiking to creating art.

Can You Sue for Loss of Enjoyment of Life?

If you endure severe injuries that create emotional distress and physical pain that hinder your enjoyment of life, you can file a lawsuit for loss of enjoyment of life. However, it is difficult to prove without the representation of a personal injury lawyer.

When you claim loss of enjoyment of life, you will have economic damages such as medical expenses and lost wages. However, unlike economic damages, loss of enjoyment of life has no specific monetary value. Instead, it must show the emotional impact and how these injuries significantly affect a person’s life. With a diminished quality of life, determining compensation requires a personal injury attorney to help calculate the loss of enjoyment of life for the injured person. In most cases, loss of enjoyment of life is more likely to be awarded to an injured party when that individual’s life is severely disrupted, such as through a physical impairment.

Types of Injuries That May Lead to Loss of Enjoyment

When assessing an injured party’s losses, loss of enjoyment of life can be sought in a lawsuit. Loss of enjoyment of life is more likely to result in a large settlement when life loss is permanent and the physical harm endured is disruptive. Here are some of the injuries that may result in loss of enjoyment of life damages:

Head Injuries

Serious head trauma, such as traumatic brain injuries, will usually result in loss of enjoyment of life awards in a lawsuit. An accident victim may be left with permanent brain damage, which can hinder their quality of life. When an injury affects the physical or mental capacity of an injury victim, they can seek compensation for loss of enjoyment of life.

Spinal Cord Injuries

Spinal cord injuries are another common type of catastrophic injuriy that can result in chronic pain or permanent paralysis. If you or a loved one have suffered a damaged spinal cord in an accident, loss of enjoyment of life damages will most likely be awarded.

Facial Injuries

Some facial injuries may cause chronic pain, but permanent scarring or disfigurement can create emotional trauma. The impact it leaves on a person’s mental health can be detrimental to their ability to maintain relationships.

While chronic pain can exist to a certain degree for other types of injuries, loss of enjoyment of life is typically awarded to those who suffer catastrophic injuries. If you have soft tissue injuries or a broken leg, it will be less likely you’ll receive a large settlement from the insurance company.

Evidence Needed to Prove Loss of Enjoyment of Life in a Personal Injury Claim

In order to prove loss of enjoyment, your personal injury lawyer will need to first calculate the monetary value of your claim. Generally, they will first look at the medical bills for all medical treatment you have received and the costs associated with your future medical care.

They will also factor in the excruciating pain and mental anguish you experience from these injuries and the emotional toll it has taken on your life. If you are unable to do the things you once loved to do, or do what made you a productive citizen in your community, they will seek these damages on your behalf.

Some of the evidence for your medical records and lost wages can play a role in proving that you deserve loss of enjoyment as part of your compensation award. In motor vehicle accidents, medical malpractice cases, and other types of personal injuries, it requires proving the other party’s negligence and showing the extent of your loss of enjoyment. Experienced personal injury attorneys may use the following evidence to support your case:

Expert Testimony

Medical experts can be called in to review your medical records and testify as to how your injuries are impeding you from doing the things you once enjoyed in your life. Whether you are unable to continue your career or participate in hobbies that bring you joy, these experts are vital to show how your injuries severely limit your abilities.

Testimony from Family Members

Your family, friends, and coworkers may also be called in to testify about how your injuries have impacted your life. They may share how you struggle to complete daily tasks or how you can no longer take part in social activities after this accident.

Personal Testimony

You may also be called upon to share your personal experiences after suffering these injuries. Your attorney will likely have you keep a journal from the start of your case that can show how you experience pain, the toll it takes on your mental health, and the way it affects every aspect of your life.

Steps to Take to Claim Loss of Enjoyment

Right after your accident, the steps you take can help you protect your legal rights. At that time, you may not be aware of how serious the situation is or the impacts your injuries will have on your life. However, knowing the steps to take after an accident that someone else has caused can make it easier to fight for justice.

Call the Police and Get Evidence

You’ll want to call the police after your car crash and get officers to investigate the accident scene. Take photos and videos of everything you see, from the intersection to the vehicles involved. Don’t forget to capture images of the damage to both vehicles and any visible injuries.

The police will create an accident report and there may be notations if the other party commits a traffic violation. These reports typically won’t turn the tides on their own, but coupled with other evidence, may help strengthen your case.

Seek Immediate Medical Treatment

Your injuries should be treated right away, and you don’t want them to worsen. One big mistake that victims make is to assume they are fine, only to discover later that they have a serious condition from the accident. You want to be sure that your injuries are linked to the accident that caused them, so make sure you get a full evaluation and follow all treatments that your doctors advise.

Discuss Your Case with an Attorney

In the aftermath, it is likely you don’t yet realize just how much this accident and the injuries you’ve suffered will impact your life. It may not be until you get home from the hospital that you learn you will never be able to continue on your career path or partake in your favorite activities.

Victims who suffer in this way are often heavily impacted by the mental and emotional toll as they come to terms with their new normal. When another person’s negligent actions have led you to these circumstances, you should not face your injury claim without legal representation.

Choose a personal injury attorney who will advocate aggressively for you and provide the compassion you deserve as you move forward. Armada Law stands up for the injured and works tirelessly to seek appropriate compensation for damages that hinder the enjoyment of life. Set up a free consultation to learn more about how we can assist you with recovering the full worth of your damages.