How to Prove Loss of Enjoyment of Life
If you have been injured in an accident that was caused by someone else, your life may already be affected negatively in many ways. As if it’s not bad enough that you have a growing stack of medical bills, you may no longer be able to perform activities that once gave you joy.
You do not have to face this alone. You may be eligible to pursue compensation for your accident-related losses, including the loss of enjoyment of life. You could obtain money for this type of loss if you can no longer perform activities that made life meaningful because of the injuries you sustained in the accident.
What Is Loss of Enjoyment of Life?
“Loss of enjoyment of life” is an intangible loss a person might have after they were injured in a serious accident. This is not a monetary loss but rather the loss of an ability to engage in pastimes that made a person’s life fun and interesting before the accident. There is no set dollar amount for a loss of this type, and the value of the loss will differ from person to person.
When a person has a loss of enjoyment of life, that means they have sustained specific impacts resulting from a physical or mental injury. Due to these injuries, the person may no longer be able to perform activities they participated in prior to the accident, such as social activities, hobbies, or playing sports.
Proving Loss of Enjoyment of Life
In order to claim compensation for loss of enjoyment of life, you must have sustained serious injury. This could include permanent injury, significant loss of bodily function, and disfigurement. You will have to demonstrate that you are no longer able to pursue the activities that you were once able to perform as a result of your injury.
To prove this type of loss, you will need to show the extent of the activities you engaged in prior to the accident. Pictures, videos of you participating in the activity, and the testimony of friends and teammates will be important proof of your history. To show the contrast between your pre- and post-accident abilities, you should provide the same types of documentation revealing your post-accident abilities. Pictures or videos of you attempting to engage in the activity, or showing the ways in which you cannot, in addition to the testimony of friends and relatives who can address all the ways in which your life is different after the accident will be critical.
Proving loss of enjoyment of life can be difficult, especially without a lawyer. You should discuss your situation with an experienced personal injury attorney. They will know how to build the strongest case possible to pursue the maximum amount of compensation to which you may be entitled.
How Is Loss of Enjoyment of Life Calculated?
Because loss of enjoyment of life is an intangible loss, there is no specific dollar amount associated with it. There are various factors that impact the value of this loss in each case. These may include whether the victim has a young family, how actively they are involved in their community, and where they are in their career. For example, if they were enjoying the prime of their career but are now unable to do so, this may weigh heavily in the consideration of the value of the loss.
The age of the person who was injured is a factor, as well. Often, a younger victim will receive a higher award than an elderly victim. This is because the younger victim will likely face more years of suffering in the future. The significance that the activities you once enjoyed had in your life should be factored into the value of the loss. If they were a major part of your life, you would probably receive a greater award than if they were activities you only engaged in every now and then.
Other Considerations
It’s important to be aware of how the things you say and do after an injury can impact your future. This includes being mindful about what you post on social media. Ideally, you would refrain from posting anything while you are in the process of pursuing compensation after an accident. Anything you post could potentially be detrimental to your case. This is because any posts you or your family or friends put up that involve you could make it seem as though your loss of enjoyment of life is not that significant.
For example, it may be that you were a bicycle racer and that was previously a major part of your life. After the injury, you may find that you are no longer able to ride or race a standard bicycle. You may still be able to casually ride a modified bicycle instead. This could include equipment such as a recumbent bike. If you were to post photos of you smiling while out riding your recumbent bike with friends, the argument could be made that it seems you are still getting quite a bit of enjoyment out of riding bicycles.
Call Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. Now
If you have been seriously hurt in an accident that you did not cause, you may be entitled to receive financial compensation. You should call an experienced personal injury lawyer as soon as possible. You need someone who will build the strongest case possible to pursue the compensation you deserve for your injuries and accident-related losses.
Contact us today at 561.689.8180 to discuss your case with a Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. Florida personal injury attorney. Our team is ready to schedule a free consultation with you. You owe it to yourself to understand your options so you can make the best decision for your future.
