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How Do You Calculate Loss of Enjoyment of Life in a Personal Injury Case?

How Do You Calculate Loss of Enjoyment of Life in a Personal Injury Case?

Shapiro Law Team June 16, 2021 Personal injury

If a person sustains an injury caused by the careless or negligent actions of another individual or business, they should be able to recover various types of compensation for their losses. In general, most people understand that injury victims should receive coverage of their medical bills, lost income, and other household out-of-pocket expenses. However, victims are usually also able to receive various types of non-economic losses, including loss of enjoyment of life damages. Here, we want to discuss how “loss of enjoyment of life” is calculated in a personal injury claim.

What Does Loss of Enjoyment of Life Mean?

Unless a person has been through or is currently going through a personal injury lawsuit, chances are they have not regularly heard the phrase “loss of enjoyment of life.”

This is a legal term used in many personal injury cases and refers to:

  • Situations where a person suffers a physical or mental injury, and
  • That injury affects their ability to perform activities that gave them enjoyment before the injury occurred.

There are various types of activities that loss of enjoyment of life can refer to. This can include a person’s:

  • Hobbies
  • Volunteer activities
  • Recreational activities
  • Social activities
  • Time spent with friends and family
  • Travel
  • …and more

Loss of enjoyment of life damages will be considered a form of non-economic compensation awarded as a result of a personal injury that occurs. This is similar to how pain and suffering damages are handled, and it is not uncommon for loss of enjoyment of life damages and pain and suffering damages to be lumped together in a settlement amount.

Calculating Loss of Enjoyment of Life

There are various factors that will be taken into consideration when determining how much compensation should be awarded for loss of enjoyment of life damages. Some of these factors include the following:

  • The age of the injury victim
  • The injury victim’s work history and educational background
  • The geographic location where the injury victim lives
  • The severity of the injuries
  • The level of scarring and disfigurement (if any)
  • The future consequences of the injury
  • The nature of the activities that have been lost due to the injury

In addition to these factors, it may be necessary for the injury victim and their attorney to work with financial and economic experts. These experts will thoroughly examine the total losses the victim has incurred and present their findings to insurance carriers and personal injury juries. Financial and economic expert witnesses can use various methods to place a monetary value on human life and activities.

Work With an Attorney for These Cases

If you or somebody you care about has been injured due to the careless or negligent actions of someone else and you have experienced a loss of enjoyment of life, you need to reach out to a skilled personal injury attorney in Scottsdale as soon as possible. An attorney will be able to handle every aspect of your personal injury case on your behalf. This will include investigating the incident, determining liability, and properly calculating all economic and non-economic damages, including loss of enjoyment of life. An attorney will negotiate with insurance carriers on your behalf, and they will also fully prepare the case for trial if necessary.

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