If you are pursuing a personal injury case, you know that if won, you can receive damages. These can cover medical bills, time you were forced to take off of work, and more. They can also compensate for loss of enjoyment of life. While medical bills and missed work days are easy to prove, you may wonder how you prove loss of enjoyment of life in personal injury cases. It’s not as simple as being like, “My life was so much better before the accident.” So, how does it work?

Here is what you need to know about loss of enjoyment of life in personal injury cases and how this can be proven.

What Is Loss Of Enjoyment Of Life?

Loss of enjoyment of life refers to how a serious injury impacts your quality of life. This loss of quality of life must have resulted from factors directly related to the injury you suffered from your personal injury case. 

This is also known as noneconomic damages, which is compensation for non-monetary losses, such as the emotional and psychological harm the injury has resulted in. This can include no longer being able to participate in or enjoy activities that you were able to do prior to the accident, such as being able to go on a hike or run around with your family. 

It’s difficult to put a dollar amount of loss of enjoyment of life, but it is something that you can pursue compensation for.

What Injuries Can Cause Loss Of Enjoyment Of Life?

Almost any injury can result in a loss of enjoyment in life, however, people most often seek damages for severe injuries that cause them to be unable to enjoy the same quality of life or activities that they were able to have prior to the accident. 

These often include the following types of injuries:

• Burn injuries
• Brain injuries
• Spinal cord injuries
• Soft tissue injuries that limit function/range of motion
• Paralysis
• Injuries that result in chronic pain
• Loss of a sense, such as hearing or sight
• Scarring/disfigurement

How Do You Prove Loss Of Enjoyment Of Life?

Since loss of enjoyment of life is about your life after the accident compared to your life before, you may wonder how to calculate damages and prove said loss of enjoyment. Since this is a non-economic damage, it can be difficult to prove this. While medical bills are easy to prove, the fact that you used to enjoy something and now cannot is different. 

There are various factors that can be used in order to determine whether or not you are eligible to receive damages for loss of enjoyment of life. Some of which are as follows.

Physician Testimony

A physician may explain how your injury has caused you to lose the ability to do certain things. They can explain the severity of your injuries and future medical problems you can face because of them.

Witness Testimony

People who witnessed your ability to enjoy certain activities prior to the accident and the fact that you are no longer able to can testify about this. 

Gathering Evidence

In order to prove that you are no longer able to participate in an activity, you can prove that you used to be able to do that activity with photographs from before the accident of you doing that activity, medical records, expert opinions, and more.

This can also include work history, your age, your education level, and your geographic location. The more proof that you have of the difference between your life before and after the accident, the easier it is for the court to determine whether or not you are eligible to receive compensation for loss of enjoyment of life. 

Provide Your Personal Injury Attorney With As Much Information As Possible

In order to give yourself the best possible shot at winning a personal injury case, you need a personal injury attorney on your side. LeBaron & Jensen provides case consultations to let you know whether or not you have a solid case on your hands and whether or not we can provide you with representation.

Our personal injury lawyers can help you prove loss of injury of life among other damages that you may be entitled to after your accident. To learn more about your options, contact us to schedule a case consultation. 

If you’ve been a victim to a crime and injured in the process, you may be confused about whether you need a criminal lawyer or a personal injury lawyer. Should you hire both? Should you focus on one over the other? Or is this something that is out of your hands?

This can be tricky for people to understand. Here is what you need to know about the difference between criminal law and civil law, what can happen when criminal and civil cases overlap, and when you would hire a criminal lawyer or a personal injury lawyer. In order to know what is the best course of action for your case, you will want to consult with an attorney for personalized advice. This blog is meant for general informational purposes only and is not intended to be used as professional legal advice.

The Difference Between Criminal And Civil Cases

It can be difficult for people to know whether a case is criminal or civil. In short, a civil case is based on a wrong, such as someone not looking both ways at a stop sign before trying to cross the road, and thus accidentally hitting someone. A criminal case is based on a crime, such as if someone steals a car. 

Criminal and civil cases are handled differently. Criminal and civil proceedings apply different standards in order to right wrongs done. Civil cases involve disputes between two parties while in criminal cases, the defendant is formally charged with a crime. The state, not the victim of the crime, initiates criminal proceedings. 

About Criminal Cases

Only state attorneys can initiate a criminal proceeding. Even if you as a victim know that a crime was committed, it is up to the authorities whether or not charges can be pressed. In criminal proceedings, it must be proven that the defendant is guilty of the crime committed beyond a reasonable doubt. This is why even if someone is found not guilty of a crime, they could still have a civil case brought against them. Conversely, someone may be found guilty of a crime, but not civilly liable for an accident. 

In criminal proceedings, they tend to be more punishment focused. If found guilty, the defendant could face jail time, fines, prohibition, and more. The court may order restitution, where the defendant must pay losses to the victim. 

About Civil Cases

On the other hand, anyone can file a personal injury suit on their own behalf. Civil cases are focused on ensuring the victim is compensated fairly. 

Can A Case Be Both Criminal And Civil?

Yes, a case can be both criminal and civil. People can both break the law and commit a legal wrong against someone. Crimes may or may not also constitute civil wrongs. A person may be found not guilty of a crime, but may be held liable for a civil wrong. 

Victims of crimes can hire personal injury attorneys if the criminal case was dismissed but they are still able to pursue damages from the wrongs they have suffered. Conversely, a civil case can instigate a criminal proceeding when evidence uncovers the need for a criminal investigation. Civil cases don’t turn into criminal cases because they are two different things. Civil cases can only order civil remedies. In order for there to be criminal penalties for the person who committed the crime against you, a new criminal case must begin, initiated by a state attorney. 

When Would You Hire A Criminal Lawyer?

You would hire a criminal lawyer if you have been accused of a crime. It’s recommended that you hire a criminal defense attorney whenever you are accused of a crime, regardless of how minor the charge seems. Criminal defense attorneys typically bill hourly for their time.

When Would You Hire A Personal Injury Lawyer?

You would hire a personal injury lawyer if you have suffered a wrong and want to pursue damages, such as if you have been injured in an accident. Personal injury attorneys typically do not charge hourly, but rather charge a contingency fee where they take a percentage of the damages recovered after they win your case. 

Do You Need A Personal Injury Attorney?

The personal injury attorneys at LeBaron & Jensen provide help to those in Utah, Wyoming, Colorado, and Arizona. We provide free case consultations and do not charge a fee until we win your case. If you think you have a personal injury case, don’t hesitate to contact us for a case consultation.