When you experience an injury, it can have a significant impact on your entire life, including your hobbies, relationships, and daily routines. Not only do you have to deal with physical pain, but there can also be emotional and mental suffering that comes with an injury. These experiences may result in a question: can I make a personal injury claim for loss of enjoyment of life?
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What is Loss of Enjoyment of Life?
Loss of enjoyment of life (also known as hedonic damages) refers to the inability to participate in activities that were once a source of pleasure, joy, and/or fulfillment before an injury. It can be described as an intangible harm that can’t be calculated based on receipts or invoices. It’s impossible to put a price tag on the joy that an individual felt before their injury, making it difficult to assess the value of a loss of enjoyment of life in monetary terms.
For example, if someone loved playing soccer but could no longer participate due to a leg injury, they might experience a loss in their quality of life. The individual would experience a reduced level of happiness, would be unable to engage in a hobby that he or she loved, and might also feel a loss of identity.
When Can You Claim Loss of Enjoyment of Life?
When considering whether or not to make a claim for the loss of enjoyment of life, it’s important to acknowledge the extent of your injuries. Typically, individuals who suffer from traumatic injuries, long-term disabilities, or chronic pain can testify that their injuries have significantly impacted their quality of life.
Making a claim for the loss of enjoyment of life is often a part of a more comprehensive personal injury lawsuit. Personal injury claims for loss of enjoyment of life may include claims for the inability to participate in physical activities, loss of companionship, mental anguish, chronic pain, and more.
How to Prove Loss of Enjoyment of Life
One of the primary challenges of making a personal injury claim for loss of enjoyment of life is proving it. It’s not something that has concrete evidence, like medical bills or receipts. Additionally, it’s a subjective concept that can be challenging to quantify.
However, there are specific factors that lawyers will use to build a strong case for their clients. Some of these factors include:
- The severity of the injury
- The type of activity that the individual is no longer able to participate in
- The frequency that an individual participated in that activity before their injury
- The duration of the loss (e.g., recovery time, temporary or permanent damage)
- The degree of emotional and mental anguish experienced
Gathering Evidence
One of the first things that an individual will need to do when they are considering a personal injury claim for loss of enjoyment of life is to document the changes that have occurred since the injury. It’s essential to have a clear, detailed record of the daily activities that an individual used to participate in, the level of participation, and the frequency.
Other evidence that can help build a strong claim for loss of enjoyment of life includes:
- Witness testimonies from friends or family
- Documents showing attendance at specific events (e.g., marathons, concerts)
- Videos or photos of the individual participating in activities before the injury
- Expert witness testimony from doctors, mental health professionals, physiotherapists and others.
How Much Are Loss of Enjoyment of Life Claims Worth?
It’s challenging to calculate the exact value of a loss of enjoyment of life claim. Lawyers and insurance adjusters will typically use a few different methods to calculate the potential value of a loss of enjoyment of life claim.
One method is to multiply the physical damages award (e.g., medical bills, lost income) by a certain multiplier, usually between one and five, depending on the severity of the injury.
Another method is to determine the subjective value that the activity had before the injury and how much an individual would receive if they were to pursue that activity in the future. It’s important to note that these calculations can be challenging and that the final amount will depend on the specific case.
Final Thoughts
Personal injury claims for loss of enjoyment of life can be complex, time-consuming, and emotionally draining. However, they can be worth the effort for individuals who have suffered significant physical and mental harm due to an injury. It’s important to work with experienced lawyers who can help prove a loss of enjoyment of life claim and maximize the compensation you receive.