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.
