What is Loss of Enjoyment of Life in a Personal Injury Case?

Personal injuries might affect your life emotionally, not just financially, entitling you to more compensation from a negligent party.

Victims can typically seek compensation for all damages due to negligence, including loss of enjoyment of life, which is classified under non-economic damages. Non-economic damages are intangible and refer to the emotional distress often associated with traumatic and permanent injuries. Some victims experience an overall reduction in their quality of life, which they can document by keeping journals and confiding in trusted mental health professionals. Our attorneys can ensure proposed settlements compensate victims for non-economic damages before advising them to accept or may also prove their intangible losses in court when claims go to trial. Do not underestimate the value of your non-economic damages, as they could warrant a greater recovery in a personal injury lawsuit.

To discuss your case for free with our Massachusetts personal injury lawyers, call the Law Office of John J. Sheehan today at (617) 925-6407.

Will Your Personal Injury Case Cover Loss of Enjoyment of Life and Other Non-Economic Damages?

After suffering injuries due to negligence, you may seek damages against the at-fault party. Victims’ top priority may be recovering economic damages, like medical expenses and lost wages, but they may also get compensation for non-economic losses.

Loss of enjoyment of life is an example of the intangible losses victims incur because of negligence. Sustaining permanent spinal cord injuries might lead to paralysis, preventing you from engaging in daily tasks or hobbies you once enjoyed, as might suffering traumatic brain injury. The overall reduction in your quality of life because of the defendant’s negligence is compensable in your claim.

To get compensation for any damages, let alone non-economic damages, you must file your lawsuit on time. Our personal injury attorneys can confirm the statute of limitations, which varies from state to state, and proceed accordingly with preparing your case. Missing the filing deadline would bar you from compensation, no matter how great your losses are or your ability to prove the at-fault party’s liability.

Some states limit when victims may sue for non-economic damages after car accidents. These are known as no-fault states, and victims are expected to rely on their own insurance to cover their damages unless their injuries are serious enough. For example, in Massachusetts, victims must meet a serious injury threshold to receive non-economic damages from lawsuits. This threshold is often easily met since victims can sue after incurring just $2,000 in medical bills.

How to Prove Loss of Enjoyment of Life During a Personal Injury Case

Proving non-economic damages for loss of enjoyment of life differs from proving economic damages, which have concrete bills or other documentation. Our lawyers can prepare you for how best to express your pain and suffering to a jury if your case goes to court.

If you are dealing with depression because of your injuries, consider keeping a journal to document your daily struggles and experiences. Our Boston personal injury lawyers can use this journal to show your pain and suffering throughout your physical recovery. Victims who confide in mental health professionals may benefit from expert testimony. It is important to be candid during these conversations so that therapists can testify to your mental state and the difficulties you have dealt with since the accident.

Victims’ personal testimonies can be impactful, and juries may be sympathetic toward victims whose loss of enjoyment of life they hear about firsthand. Our attorneys can prepare victims for depositions and testimony to ensure there are no inconsistencies across their statements and that they accurately express their intangible damages.

Medical records can offer more insight into victims’ experiences, showing just how many times they have had to return to the hospital for treatment and how extensive those treatments were. Constant and invasive medical care can add to a victim’s pain and suffering, and our lawyers can use their hospital records to give juries much-needed context.

Are There Limits to Compensation for Loss of Enjoyment of Life in Injury Claims?

Some states impose limits on non-economic damages for personal injury victims, so confirming your potential recovery and any restrictions on it is important when approaching your case.

State compensation limits on non-economic damages are typically high if they exist at all. For example, Massachusetts caps intangible damages in medical malpractice claims at $500,000 but does not limit non-economic recoveries for general personal injuries.

Even if your case is not held to compensation limits, that does not guarantee a large non-economic recovery. Getting such damages may be harder when victims settle out of court without thoroughly reviewing proposals and ensuring they are fair. Negligent parties rarely offer non-economic damages right out of the gate. Even if an initial lump sum offer seems large, our lawyers will ensure it considers your tangible and intangible losses, which might be much greater when combined.

To properly evaluate settlement offers, we must know your total damages. Our lawyers may use one of two methods to calculate these losses. The per diem method works by assigning a daily rate to your non-economic damages and multiplying that amount by the number of days you expect to incur non-economic damages.

The multiplier method works by picking a multiplier and multiplying it by your economic damages. The multiplier we choose will likely be between 1.5 and 5, with a multiplier of 5 indicating your injuries are especially serious. If compensation limits apply to your case, we can consider them after calculating your damages and adjust our requests accordingly. If no limits apply, we can proceed with your lawsuit and seek to recover all intangible damages on your behalf.

Call Our Attorneys for Help with Your Personal Injury Case Today

Call the Law Office of John J. Sheehan’s Quincy, MA personal injury lawyers at (617) 925-6407 for a free case assessment.