Making a Case for Loss of Enjoyment
The loss of the ability to engage in activities that were an important part of your life can be devastating, and can greatly diminish the pleasure you once experienced in your daily life. Both the inability to participate in physical activities and the inability to enjoy intellectual pursuits may be compensable with an award of financial damages if you file a personal injury claim.
Physical Activity
For many people, physical activities are a huge part of their daily lives. For example, if you have suffered back injuries due to a car accident that prevents you from engaging in recreational activities such as running, biking or playing sports, your enjoyment of life is lessened because you cannot participate in those activities that once gave you gave you pleasure and fulfillment.
Injuries due to someone else’s negligence can have emotional implications that impact your quality of life as well. If you are severely injured, you may not be able to perform physical activities with your children, which can lead to depression and loss of enjoyment of life.
Intellectual Activity
Intellectual activities such as reading, writing and playing games are a vital part of many individuals’ lives. For example, if you or a loved one has suffered a head injury and are no longer able to read, the quality of your life is greatly diminished. This loss of the enjoyment is also compensable in the form of an award of financial damages from the party responsible for your injury.
Fatal Injury Cases
In fatal injury cases a decedent cannot recover compensation for his or her own loss of enjoyment of life, but loved ones may be financially compensated for the loss of companionship of the person who has passed away due to someone else’s negligence.
How is compensation determined for loss of enjoyment of life?
There is no precise standard for measuring damages for loss of enjoyment of life. Assuming your case goes to trial, the appropriate amount of compensation is largely within the jury’s discretion. A skilled personal injury attorney may be able to help you avoid going to court and negotiate a settlement in which you or your loved ones will be appropriately compensated.
Loss of enjoyment of life can dramatically affect your quality of life and the lives of those around you. If you or a loved one has suffered a serious injury that has adversely impacted your life and ability to enjoy the things you used to love, the experienced legal team at Gold, Albanese, Barletti & Locascio, LLC, can assess your case and help you recover the compensation you deserve. Contact us at 732-936-9901 to schedule a free consultation today.