Personal injury cases can take a heavy toll on the victim, not just physically but also emotionally. Loss of enjoyment of life is a term used by personal injury lawyers to describe the negative effect a serious injury can have on the quality of life of the victim. When injuries sustained from an accident prevent the victim from taking part in activities that they loved and enjoyed before the accident, they may be entitled to compensation for loss of enjoyment of life.
Every state has its laws on how loss of enjoyment of life damages is calculated. Montana is no different. In this article, we will discuss how loss of enjoyment of life damages is calculated in a personal injury case in Montana.
Table of Contents
What Is Loss Of Enjoyment Of Life Damage In a Personal Injury Case?
Loss of enjoyment of life damages is a form of compensation paid to personal injury victims to compensate them for the loss of their ability to enjoy certain aspects of life due to their injury. It is not a straightforward element of damages to calculate because it is hard to quantify the loss of enjoyment of life in a dollar amount.
However, the damages award should be appropriate and fair to compensate the plaintiff for the loss of enjoyment of life. In other words, the plaintiff should not be undercompensated, nor should they receive an excessive amount. An experienced personal injury attorney can help guide you through the damage calculation process and ensure that you receive fair compensation for your loss of enjoyment of life.
Factors Considered When Calculating Loss Of Enjoyment Of Life Damages in Montana
Montana courts consider various factors when awarding loss of enjoyment of life damages in a personal injury case. These factors include;
Nature and Extent of the Injury
The severity and extent of your injuries greatly affect the amount of damages for loss of enjoyment of life that you can recover. Severe injuries such as loss of a limb, paralysis, or brain damage may have a higher damage claim than minor injuries such as a sprained ankle.
Age and Life Expectancy
Calculating loss of enjoyment of life for an elderly plaintiff who has a shorter life expectancy can be difficult. The plaintiff’s age is a factor that judges and juries consider when calculating this damage. A younger plaintiff with a longer life expectancy may be awarded more damages than an older plaintiff.
Past Enjoyment of Life
Before the accident, you might have been very active in various activities such as sports or hobbies. The court will consider the number of activities in which you participated before the accident, the frequency of participation, and the level of enjoyment. Additionally, the court may evaluate your pre-accident lifestyle, your work, and your social life.
Future Enjoyment of Life
It is possible that injuries from an accident can prevent you from enjoying activities that you would have enjoyed in the future. The court may consider the likelihood of your ability to participate in your preferred activities, the long-term outlook for your health, and other factors when determining the damages award.
How Can You Prove Your Loss Of Enjoyment Of Life?
To obtain a loss of enjoyment of life damage award, a plaintiff must prove the following:
- The injury resulted in a loss of the ability to participate in activities that previously brought joy and happiness.
- The victim suffered an actual and demonstrated loss of enjoyment of the life as a direct result of the injury.
Your personal injury attorney can assist you in proving these elements by collecting evidence such as witness testimony, medical reports, and expert evaluations.
Is There A Cap On Loss Of Enjoyment Of Life Damages in Montana?
There is no specific cap on loss of enjoyment of life damages under Montana law. However, the Montana Supreme Court has set out different standards for various types of personal injury cases, and sometimes the court may award lower damages to plaintiffs who have received a lower amount for pain and suffering damages.
Conclusion
Loss of enjoyment of life damages can be challenging to calculate because it is challenging to assign a dollar value to the losses suffered by a personal injury victim. If you have been injured in an accident, you need an experienced personal injury attorney to help you receive the damages you deserve.
The calculation of damages for loss of enjoyment of life in Montana depends on the specific circumstances of your case that may include the nature and severity of your injury, your age and life expectancy, your pre-accident and post-accident lifestyle, and your future expectations. Contact an experienced personal injury lawyer today to evaluate your case and determine the recovery that is appropriate for you.