Sustaining an injury in a personal injury accident can have a profound and lasting impact on your life. Not only can it cause physical pain and financial strain, but it can also affect how you enjoy life. Loss of enjoyment of life, sometimes referred to as “hedonic damages,” is a type of non-economic damage related to the impairment of one’s quality of life. This means that an injured person may be able to recover compensation for the enjoyment or pleasure they lost as a result of their injuries.
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Understanding Non-Economic Damages in Kentucky Personal Injury Cases
Compensation in personal injury cases is generally divided into two categories: economic and non-economic damages. Economic damages refer to the financial losses that result from an injury, such as medical expenses, lost wages, and property damage. Non-economic damages account for the non-monetary losses that occur due to an injury. They may include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
How are Non-Economic Damages Calculated in Kentucky?
Non-economic damages can be difficult to quantify because they are intangible and do not have a price tag. Unlike economic damages, non-economic damages do not have a specific dollar amount associated with them. Instead, they are left up to a judge or jury to determine what constitutes fair and just compensation. There is no formula for calculating non-economic damages, but several factors may be considered, including:
- The severity of the injury
- The permanent nature of the injury
- The impact on the plaintiff’s life
- The plaintiff’s age and occupation
- The pain and suffering endured
How to Prove Loss of Enjoyment of Life?
Proving loss of enjoyment of life can be challenging as it involves subjective factors. Simply put, it must be proven that an injury has caused the plaintiff to lose the ability to enjoy life as they did before the injury. Evidence that is used to prove loss of enjoyment of life might include testimony from the plaintiff, friends and family members, medical professionals, and expert witnesses, such as a life-planning expert.
Statutory Cap on Non-Economic Damages in Kentucky
In Kentucky, there is a cap on non-economic damages that can be awarded in personal injury cases. KRS 411.130 limits non-economic damages, also called pain and suffering, to $250,000 in most cases. However, the cap on non-economic damages does not apply to cases involving intentional conduct, wrongful death, or some motor vehicle accidents.
Seek Legal Assistance
If you or someone you love has been injured in a personal injury accident and your quality of life has been diminished, you may have a case for loss of enjoyment of life. Proving this type of damage can be challenging, and it is essential to have experienced legal representation on your side.
To seek legal assistance, you should contact a Kentucky personal injury attorney for a consultation. An experienced attorney can evaluate your case, explain your legal options, and help you pursue a fair and just settlement or award for your losses.