Loss of enjoyment of life is a type of non-economic damages awarded to accident victims who suffer injuries that affect their ability to do activities they enjoyed before an accident. A claim for loss of enjoyment of life can provide money to compensate for the physical and emotional toll injuries take on a victim.
While not as easily quantifiable as medical expenses or lost wages, loss of enjoyment of life due to injuries suffered in an accident can impact a person just as much as more tangible losses.
What Are Some Examples of Loss of Enjoyment of Life?
Loss of enjoyment of life can take many forms, depending on a person’s age and the nature of their injuries. Some common examples of circumstances that could be considered loss of enjoyment of life include being unable to:
- Cook and prepare meals at home or perform other daily tasks unassisted
- Work in a specific industry or occupation
- Attend classes, workshops, and conferences or pursue other educational opportunities
- Play sports or participate in other physical activities
- Attend social events such as parties
- Participate in hobbies such as hiking, camping, or making art
What Injuries Are More Likely to Lead to Loss of Enjoyment of Life?
Any injury you suffer in an accident may warrant a loss of enjoyment of life claim. However, devastating and incapacitating injuries typically result in a larger settlement. Some examples of these catastrophic injuries include:
- Head injuries – Traumatic brain injuries (TBIs) can have a significant impact on accident victims who may suffer from symptoms like permanent brain damage, extreme mood swings, or severe migraines.
- Spinal cord injuries – Spinal cord injuries can have long-lasting effects ranging from paralysis to chronic pain.
- Facial injuries – Injuries that leave accident victims with significant facial scarring and disfigurement can have a considerable impact on the person’s mental health and relationships.
What Types of Cases Might Include Loss of Enjoyment of Life?
Some cases where loss of enjoyment of life might apply include:
- Personal injury cases – Cases involving car accidents, motorcycle crashes, pedestrian accidents, bicycle accidents, truck accidents, dog bites, slip and falls, and premises liability may lead to claims for loss of enjoyment of life.
- Medical malpractice – Loss of enjoyment of life damages often arise from medical malpractice cases. Medical malpractice is when a doctor, nurse, or other healthcare provider deviates from the medical standard of care, harming a patient.
- Product liability – Product liability allows injury victims to pursue compensation for harm they suffer due to dangerous or defective products. They may seek money for loss of enjoyment of life from a liable designer, manufacturer, or retailer.
How Is Loss of Enjoyment of Life Calculated in a Personal Injury Claim?
Loss of enjoyment of life is calculated based on various factors. Your attorney may consider the following when placing a value on your loss of enjoyment of life:
- The severity of your injuries and the medical treatment they require
- The emotional impact of your injuries
- How your injuries affect your daily activities and relationships
Your attorney may hire an economist to assess the value of your loss of enjoyment of life.
On the other hand, an insurance company will likely make calculations using one of two methods: the multiplier method and the “per diem” method. The multiplier method involves multiplying an accident victim’s total economic damages by a number between one and five. The more significant the injuries, the higher the multiplier.
Insurers also use a “per diem” method, assigning a monetary value to a single day of the injured party’s losses and then multiplying that figure by the number of days they experience the loss of enjoyment. For catastrophic injuries, this number could be a person’s life expectancy.
What Evidence Is Needed to Prove Loss of Enjoyment of Life?
Loss of enjoyment of life can be challenging to prove because it does not have an inherent value. An injury victim must show how the injury has impacted their life. They may present statements from family members, friends, and colleagues who can attest to how the injuries prevent the victim from doing daily tasks, participating in social events, or performing job duties.
The victim’s doctor may testify about their physical limitations that now prevent them from engaging in their daily activities and attending the social events they once enjoyed.
What Other Damages Might I Be Owed?
In addition to money related to your loss of enjoyment of life, you may be entitled to compensation for:
- Medical expenses, including doctor’s visits, hospital stays, and medication
- Physical therapy and rehabilitation
- Emotional distress
- Lost wages
- Loss of future earning capacity and benefits
- Physical pain and suffering
How Long Do I Have to File My Personal Injury Lawsuit?
If you suffer an injury in an accident due to someone else’s negligence in Virginia, you have two years from the accident date to file a lawsuit. Two years can pass very quickly, so contacting a personal injury attorney as soon as possible after an accident is crucial to building a solid case.
A judge may dismiss your case if you fail to file your lawsuit by the deadline, and you could lose your right to seek compensation in civil court. Hiring a lawyer is essential to ensure you protect your legal rights by filing the necessary paperwork promptly and correctly.
Contact a Virginia Personal Injury Lawyer
If you were injured in an accident that wasn’t your fault, you deserve compensation for your financial and personal losses. At Marks & Harrison, our attorneys have extensive experience representing injury victims in Virginia and recovering the compensation they need. For over a century, our firm has advocated for the rights of accident victims and their families – and we can do the same for you. Contact our office today for a free consultation with one of our experienced Virginia personal injury lawyers.
