Published by Table Of Contents
What is Loss of Enjoyment of Life?
According to CLF, loss of enjoyment of life, often referred to as loss of enjoyment, is a type of non-economic damages awarded in personal injury lawsuits to compensate victims for their inability to engage in activities they once enjoyed [1]. Unlike economic damages such as medical bills and lost wages, loss of enjoyment is harder to quantify as it doesn’t have a direct monetary equivalent.
For instance, while you can easily determine the cost of surgery and physical therapy for a broken leg through bills, it’s challenging to assign a value to a grandparent’s inability to hold their grandchildren or the emotional distress of being unable to garden, a vital act of self-care.
What Activities Does Loss of Enjoyment Cover?
Loss of enjoyment encompasses a wide range of activities. Any activity that previously brought joy but now affects your quality of life due to a loss of function or pain from your accident can be claimed as damages. You must demonstrate that the accident’s consequences prevent you from enjoying these activities.
Example activities include:
- Cooking at home unassisted, which previously gave you independence.
- Working in a beloved industry that pays well, allows you to treat yourself and your loved ones.
- Traveling the world.
- Attending classes or social clubs, such as acting classes or book clubs, is hindered by injuries like slurred speech.
- Participating in sports or physical activities such as running, swimming, golf, and tennis.
- Enjoying hobbies like painting, gardening, photography, woodworking, and playing musical instruments.
- Attending social events, parties, and family gatherings.
- Going to the gym, exercising, or maintaining physical fitness.
- Engaging in outdoor activities like camping, fishing, boating, or hiking.
- Celebrating milestones such as birthdays, anniversaries, weddings, and graduations.
- Volunteering in the community.
- Investing in education by attending workshops and courses.
We often take things we enjoy for granted, not realizing just how profoundly they impact our happiness and well-being until we can no longer do them without excruciating pain — or perhaps at all
How are Loss of Life Damages Calculated?
According to SCLG, when calculating compensation for loss of enjoyment of life damages, a judge or jury will evaluate various factors, including [2]:
- The age of the injured person
- The injured party’s appearance
- The injured party’s educational background and work history
- The geographic location where the injured person lives
- The severity of the injuries
- The future consequences of the injury
- The nature of the lost activity
In addition, the party trying to receive these damages will present both experts and economists (as witnesses) to help judges and juries calculate the loss of enjoyment of life. These parties may present certain methods to help place a monetary value on human life
These experts may use specific methods to assign a monetary value to human life, such as analyzing the amount companies invest in safety devices like seat belts and smoke alarms to reduce death risk, and then multiplying this figure by the percentage of enjoyment lost due to the injury.
Which Injuries Yield the Biggest Loss of Enjoyment of Life Payouts?
Any injury can lead to loss of enjoyment, but incapacitating injuries often have a more significant impact and typically result in larger settlements.
Catastrophic injuries that can cause loss of enjoyment of life include:
Head Trauma
Traumatic brain injuries (TBI), ranging from mild to severe, are serious conditions caused by a sudden blow or jolt to the head. These injuries can affect concentration, lead to conditions like dysarthria and aphasia, and cause permanent brain damage.
Spinal Cord Injuries
Mild spinal cord injuries can result in chronic pain and limited mobility, restricting an accident victim’s ability to enjoy many activities. Severe spinal cord injuries can cause paralysis, significantly diminishing the affected individual’s quality of life.
Soft Tissue Injuries
Soft tissue injuries can limit functionality and make it difficult to perform specific tasks or activities. For athletes, such injuries can impact their livelihood and enjoyment of life.
Facial Injuries, Burns, and Lacerations
These injuries can result in scarring, affecting self-esteem, impacting relationships, and making certain tasks painful or impossible.
Mild and moderate injuries can also cause loss of enjoyment. Conditions like sprains and strains can lead to chronic pain, disrupting sleep and limiting daily activities. These scenarios may impact not only hobbies and social engagements but also overall quality of life.
Related Articles:
See all related medical malpractice lawsuits our lawyers have taken on.
Get a Free Lawsuit Evaluation With Our Lawyers
The Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focuses on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and are currently accepting new legal challenges in all 50 states.
If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.
References:
1. https://theclardylawfirm.com/loss-of-enjoyment-of-life-and-how-to-calculate-it
2. https://www.shouselaw.com/ca/blog/personal-injury/how-do-you-calculate-loss-of-enjoyment-of-life-in-a-personal-injury-case/
To contact us for a free review of your potential case, please fill out the form below or call us toll free 24 hrs/day by dialing: