Can I Claim for a Loss of Enjoyment of Life in the US?
If you’ve suffered an injury, the physical pain and medical bills are just part of the equation. The loss of enjoyment of life – things you once loved but no longer do – is another significant impact. As an experienced injuries lawyer, I often see clients overlook this detrimental life transition when pursuing compensation.
It’s an important part of personal injury claims in the US, and understanding it can help ensure your case captures the full scope of your suffering.
What Does Loss of Enjoyment of Life Mean?
Loss of enjoyment of life refers to the diminished ability to engage in daily activities or hobbies that once brought you joy. For example, a runner who sustains severe knee injuries in a car accident may no longer be able to participate in marathons. Similarly, a parent might find it challenging to play with their children due to chronic pain.
This isn’t just about inconvenience; it’s about recognising how your quality of life has been altered. In personal injury claims, this type of loss falls under the umbrella of non-economic damages, which aim to compensate for intangible harm like emotional distress, pain and suffering.
Proving Loss of Enjoyment in Personal Injury Claims
To successfully claim loss of enjoyment of life, you need to provide compelling evidence of how your injury has affected you. This typically involves:
Personal Testimony: Your account of how your life has changed since the accident.
Medical Records: Documentation of your injuries and any long-term limitations they cause.
Expert Witnesses: Testimony from medical professionals, psychologists, or occupational therapists to support your claim.
Let’s say you were an avid cyclist before a car accident left you with a spinal injury. Your medical records can detail the extent of your injury, while a psychologist might explain how losing this activity has impacted your mental health.
A Famous Case: Grimshaw v. Ford Motor Company
One notable case that highlights the loss of enjoyment of life is Grimshaw v. Ford Motor Company. This 1978 case involved a defective Ford Pinto that exploded upon impact, leaving a young boy with catastrophic burns.
While the case primarily centred on product liability, the court awarded significant damages, including compensation for the victim’s lifelong loss of enjoyment. His injuries drastically altered his ability to live a fulfilling life and the court recognised the profound emotional toll this took on him.
How Courts Calculate These Damages
Calculating loss of enjoyment isn’t straightforward. Unlike medical bills, there’s no receipt for the activities you can no longer enjoy. Courts often use a combination of expert testimony, the severity of the injury and its impact on your life expectancy.
While this process may seem subjective, a skilled lawyer knows how to build a compelling case that highlights your unique circumstances.
Final Thoughts
The loss of enjoyment of life is deeply personal. Recognising its value in a personal injury claim ensures you’re fully compensated for the ways your life has been altered. As your injuries lawyer, I’d ensure every detail of your loss is accounted for. Let’s discuss your case today!
Disclaimer: The legal articles on this website are for informational and educational purposes only and do not constitute legal advice. Reading these materials does not create an attorney-client relationship. For legal guidance tailored to your specific situation, please consult a qualified attorney.
