When you’ve been injured due to someone else’s negligence in California, the aftermath can be overwhelming. You’ll get treatment for your injuries and may be required to stay off work while you heal. Medical bills will begin to arrive. You might already be worried about handling your usual living expenses if you can’t work.
However, when you were injured because of another’s wrongdoing, you can file a claim to seek compensation. You could be entitled to compensation for medical bills, lost wages, and other specific financial losses. You may also be entitled to loss of enjoyment of life compensation.
What Qualifies as Loss of Enjoyment of Life Due to Injuries After an Accident?
“Loss of enjoyment of life” is a type of loss someone could suffer due to serious injuries you might sustain in an accident. You could be eligible for this type of compensation if your injuries prevent you from participating in activities you once enjoyed.
Consider the following examples:
- A paralyzing injury causes loss of function of your limbs. You can no longer hike, run, or indulge in any of the physical activities you previously relished. Your quality of life may diminish.
- You sustain a brain injury affecting your concentration. As a result, you can’t focus properly on your hobbies.
- Your injuries cause you to experience lifelong pain.
- Your injuries limit your ability to be sexually intimate with your spouse.
It’s not always clear whether a specific loss or experience qualifies as loss of enjoyment of life. If you have questions about this matter after an accident, review your case with a personal injury lawyer. They could explain the types of compensation for which you may be eligible.
Types of Injuries That Can Cause Loss of Enjoyment of Life
Certain types of injuries may be more likely than others to result in loss of enjoyment of life. Examples include:
- Brain injuries — Brain injuries may cause struggles that can impact your quality of life. For instance, a brain injury might cause mood disorders or result in diminished cognition, memory, or fine motor skills.
- Spinal cord injuries — A spinal cord injury may lead to paralysis or restricted mobility. Participating in activities you once enjoyed may be impossible if paralysis restricts your movement.
- Injuries affecting the senses — If a large portion of someone’s life is enjoying or performing music, and they lose their hearing. Or if someone’s avocation is making art or fashion and they lose their sight, they could be entitled to loss of enjoyment of life compensation.
Virtually any type of accident could theoretically cause loss of enjoyment of life. Accidents that might be particularly likely to affect an injured party’s quality of life seriously include:
Even seemingly “minor” accidents like slips and falls can cause loss of enjoyment of life. According to the Centers for Disease Control and Prevention (CDC), about 20 percent of falling accidents cause serious injury. A serious head injury resulting from a slip and fall could thus have a long-term impact on your life enjoyment.
Can You Sue Someone for Loss of Enjoyment of Life?
You may file a personal injury claim in California when someone’s actions or negligence cause you harm. This is also true if a product or dog bite harmed you. You may seek loss of enjoyment of life compensation when healing. Usually, you’ll file a claim with the insurance company of the party who caused your accident.
The insurance company may be unwilling to offer a fair settlement. If this happens, you can file a lawsuit and pursue compensation in court. The jury or judge may award loss of enjoyment of life damages if you win your case.
Calculating Loss of Enjoyment of Life Damages in California
Your lawyer will assess your losses and arrive at a potential dollar value for your loss of enjoyment of life. Then, they’ll negotiate with an insurance company. They’ll use their experience of cases similar to yours to arrive at an appropriate dollar amount. In some circumstances, they may use a formula to determine a value for your intangible losses.
Juries may award damages for loss of enjoyment of life in California. An out-of-court settlement may also include money for loss of enjoyment of life.
Your attorney can’t guarantee you will receive an exact amount of loss of enjoyment of life compensation. However, they can help you factor this into your claim or lawsuit properly. Remember that an insurance adjuster will not likely assist you with this task if you represent yourself.
How to Prove Loss of Enjoyment of Life
Proving you deserve compensation for loss of enjoyment of life may be a complex process. Enlisting the help of a legal professional can significantly boost your chances of submitting a strong claim.
How you may prove the value of your loss of enjoyment of life claim will depend on the details of your case. Potential strategies include:
- Referencing medical records and physician statements to show how your injuries stop you from participating in enjoyable activities
- Using medical records to show that your injuries have left you with long-term pain
- Obtaining testimony or statements from friends and family who can attest to your diminished quality of life
- Using video/photos to document your struggles as compared with your pre-injury activities
- Introducing a journal you keep that includes a daily pain rating and notes about how your injuries affect your ability to engage in everyday activities and the pastimes that previously gave your life meaning.
Learn More About Loss of Enjoyment of Life at Our California Personal Injury Law Firm
Calculating loss of enjoyment of life damages is not a task you should handle alone. At Jurewitz Law Group Injury & Accident Lawyers, this is one of various aspects of your claim that our California personal injury attorneys could handle on your behalf. For more information, call us at (619) 233-5020 or contact us online to schedule your free consultation today and “Get Ross.”
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