What Is It? How Is It Calculated?
When you’re in an accident caused by someone else’s negligence, you have a right to seek financial compensation for your losses. Some losses are easily understood and fairly simple to calculate:
- Wages and other income, if you can’t work
- Medical expenses not covered by insurance
- Property damage
Among the less obvious forms of compensation you can pursue are damages for pain and suffering, loss of companionship or consortium, and loss of enjoyment of life. What types of injury or loss make up that last category? How does the law define “loss of enjoyment of life?” How will the court determine the dollar amount of such a loss?
What Is Loss of Enjoyment of Life?
In essence, the term means exactly what the words suggest—the inability to do those things that brought you enjoyment before the accident. Loss of enjoyment of life can cover many things:
- The inability to engage in the simple acts of daily life, such as walking, sitting, dressing yourself, or handling your own affairs—Being able to live a normal life is deemed to bring enjoyment, and the inability to do so can lead to a loss of enjoyment in your life.
- An inability to engage in activities that brought you enjoyment, including hobbies, sports, or other activities—If you were an avid and active golfer before the accident but can’t play now, you could make an argument for the loss of enjoyment that golfing brought to your life.
It’s important to understand that “loss” here does not mean total loss. If you can still do the things you used to do but it’s painful to do so, or you can’t perform at the level you could before the accident, you can still recover damages.
How Does the Court Calculate Damages for Loss of Enjoyment of Life?
Damages for loss of enjoyment of life are in the category of “non-economic” damages. They are not tied to a tangible expense or loss, such as a medical bill or lost income. Accordingly, juries don’t have numerical data to compute the exact loss. Instead, juries have some discretion and typically look at factors such as the age of the injured party or the severity of the injury when assessing these damages. An experienced personal injury attorney can help jurors understand the full magnitude of the loss of enjoyment of life.
Contact the Law Offices of David J. Karbasian, PC
Send us an email today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.
