Someone else’s careless actions have harmed you, and time is of the essence to take legal action. When you have a personal injury claim with severe injuries, it’s about much more than physical pain – they have robbed you of your ability to enjoy life as you once did. The legal system recognizes loss of enjoyment of life as one of the non-economic damages, which you can seek along with economic damages in a personal injury lawsuit. However, with insurers and their team of litigators working against you, you don’t want to go into this legal battle alone.
Azizi Law Firm is a personal injury law firm with a commitment to serving the people of Los Angeles by supporting victims in personal injury claims. As advocates for the injured, we fight for fair compensation from the insurance company and the at-fault party, standing up to their attorneys to get you the maximum recovery.
In this blog post, we discuss loss of enjoyment of life in personal injury cases and how you can sue to recover compensation for both physical injuries and emotional trauma after motor vehicle accidents and other personal injury cases.
Can You Sue for Loss of Enjoyment of Life?
Loss of enjoyment of life is a legal term in a personal injury claim for when you can no longer enjoy the simple pleasures in life. Accident victims who suffer from spinal cord injuries that leave them paralyzed may no longer be able to engage in certain hobbies or complete daily tasks on their own.
It’s an outrage that you can no longer engage in the pleasurable activities that once brought you joy all because of another person’s negligence, though you can fight back with a personal injury case for loss of enjoyment of life. As part of non-economic damages, loss of enjoyment of life is an intangible damage that combines chronic pain with emotional distress brought by catastrophic injuries.
Injury victims must be aware that it can be incredibly difficult to seek compensation on their own. If you can no longer enjoy life as you did after a serious injury, make sure you speak with an experienced personal injury lawyer to discuss your personal injury case.
Legal Grounds for Filing a Loss of Life Enjoyment Lawsuit
In a personal injury lawsuit, you can file for loss of enjoyment of life when the physical or mental injury you’ve endured has robbed you of life’s pleasures. In order to do so with success, an injured party must be able to establish grounds for the claim and prove the impact of their severe injury.
This requires showing that the injured party’s losses have a direct link between the injury and a diminished quality of life. The severity of certain injuries such as spinal cord injuries, traumatic brain injuries and other head injuries, soft tissue injuries, or even facial injuries can dramatically affect life for an injury victim. When an injury affects life in such a profound way for the injured person, it is a valid point for personal injury cases.
Chronic pain and emotional distress can cause loss of enjoyment of life for accident victims. Since non-economic damages are more difficult to prove than economic damages, you should hire an attorney who can take on the stress from this legal situation and knows how to get the insurance company to pay for the physical and emotional limitations caused to you by this traumatic event.
Compensation for Loss of Enjoyment of Life
Claiming loss of enjoyment of life damages requires proving that a person’s physical limitations after a car accident or other event have resulted in a diminished ability to enjoy life. While you will have losses that are easier to prove, such as lost wages and medical expenses, it takes much more to show that you suffered injuries that left you in excruciating pain with physical impairment.
Since insurers will be looking for any way to minimize your injuries and their payout to you, your attorney will need to demonstrate the need for full compensation based on these factors:
Severity and Permanence
Loss of enjoyment of life refers to the way that physical harm has stolen an accident victim’s enjoyment of the best things in life. Therefore, these claims must demonstrate the severity and permanence of an injury. An accident victim’s loss of enjoyment of life after a car accident may be easy to see if a serious head trauma caused permanent brain damage.
Age
The younger a victim is when filing for loss of enjoyment of life, the more likely they are to get a higher compensation award. However, insurers will be fighting to minimize this every step of the way.
Lifestyle Before the Injury
Someone who plays sports, has an active job, or spends a lot of time caring for their kids are just a few examples of those with busy lifestyles before the injury. This can impact the amount awarded in a loss of enjoyment claim.
Overall Circumstances
Loss of enjoyment of life can cause lost wages and reduce future earning capacity by limiting a person’s ability to continue their career. Medical records may reveal that a person will experience loss of enjoyment that impacts everything from work to hobbies to living their lives independently.
Challenges in a Claim for Loss of Enjoyment
When seeking loss of enjoyment in a claim, you need the legal support of an attorney since it can be hard to prove these things on your own. When you’re severely injured, the mental anguish and pain you experience during this time can also make it difficult for you to advocate for yourself. The following makes these claims more challenging:
Loss of Enjoyment Is Subjective
While medical records can prove your injuries, it is hard to quantify loss of enjoyment and prove the degree of your loss.
Skeptics from the Insurers to the Jury
There may be no dispute that you’ve had the medical treatment you’ve received but when it comes to intangible damages, it is often harder to convince insurance adjusters and jurors. Insurance companies notoriously lowball settlements and pit their legal team against the injured as they do not have your best interests at heart.
Difficulty in Understanding Loss of Enjoyment
Loss of enjoyment is similar, but different, to pain and suffering. Still, it can be tricky to convince the defendant’s team that it is a separate loss.
Presence of Pre-Existing Conditions
It may be argued that some conditions, even post-traumatic stress disorder, were already present prior to the injury. This will be another hurdle for your attorney in your loss of enjoyment case.
How a Skilled Personal Injury Attorney Can Help with Loss of Enjoyment of Life Claims
Proving the monetary value of your loss of enjoyment of life claim requires the representation of a personal injury lawyer in Los Angeles. It is far more subjective than your medical bills, and your lawyer will fight back by building a strong case using:
Personal Testimony
Providing your account of how your injury has caused you upset in your daily life is one of the most crucial ways to strengthen your case. You will need to give specific examples of things you can’t do anymore or are unable to enjoy due to your injuries.
Testimony from Loved Ones and Experts
Your friends and family might be called upon to share their testimony of how your life has been impacted by the injury. They may testify about activities you did together, how your behavior has been affected, and how hard it is to watch you struggle.
Likewise, experts will be called in to further cement your case. Medical professionals will be able to show how your injuries impact your ability to perform certain tasks or hinder your enjoyment of life.
Personal Documentation
Your lawyer will likely ask you to start journaling about your daily experiences to detail the pain, challenges, and limitations you face. You should also have photos and videos that show your life before the accident and afterwards, which can show insurers, judges, and juries at a glance just how much your injuries have taken the joy from your life.
While there is no law that requires you to hire a personal injury lawyer to represent your case, it is in your best interest. Personal injury lawyers are advocates for the injured, and when you have injuries that have caused you to suffer loss of enjoyment, they aggressively build your case while you recover and heal.
Attorneys know how to examine all of your losses and calculate your damages to fight for the full amount you deserve. These claims are always an uphill battle with the insurers who will do everything to minimize the payout or deny your claim. Your personal injury lawyer will have decades of experience standing up to insurance companies and their litigation teams. They will take on the entire process, setting you free from the stress and hassle while you work on healing to get back to enjoying your life.
Take action and get back your enjoyment of life again by contacting Azizi Law Firm for a free consultation.
