One adverse effect of a personal injury that is not often talked about is the loss of enjoyment of life. When calculating a settlement after an accident, it is crucial that you are compensated for all of the ways you have been impacted. Continue reading for more information and consult with an experienced Bergen County injury lawyer today.
What is Loss of Enjoyment of Life?
When discussing personal injury law, loss of enjoyment of life is a type of damage sustained by the victim of an accident. When an injury or ailment that was the fault of another party causes a person to be unable to participate in activities and experiences that once brought them joy and fulfillment, the at-fault individual may be required to pay noneconomic damages as a way to make up for this loss.
Loss of enjoyment of life can manifest in many forms depending on the specific person, their hobbies, their age, where they live, and the nature of their injuries. Common examples of activities that people may no longer be able to participate in after a devastating injury include the following.
- Engage in sports, exercise, or other physical activities
- Play an instrument or pursue hobbies like hiking, making art, camping, etc.
- Perform daily tasks like dressing, bathing, cooking dinner with family, etc.
- Pursue educational opportunities
- Attend social events
- Have satisfaction in a specific career field
- Participate in sexual activities with a partner
- Care for children
- Taste and enjoy food and beverages
- Travel and explore new places
How is Loss of Enjoyment of Life Calculated?
If you sustained an injury that has affected your daily life and activities, it is important to understand how to calculate your losses. Like all noneconomic damages, loss of enjoyment of life is subjective. Calculating an exact amount that is equal to your loss can be difficult.
One common way to calculate noneconomic damages is the multiplier method. Using this method, you must first add up all of your economic damages. This includes medical expenses, lost wages, property damage, and other losses that can be easily added up.
You would then choose a number between 1 and 5 to estimate the extent to which the accident has impacted your quality of life, 1 being very minimally and 5 being astronomically. For example, if you recovered in only a few months, you may choose 1 or 2, but if your injury will leave you with a permanent and devastating disability, you may select 5.
Using the multiplier method, multiply your economic losses by the number you have selected and add it to your economic losses.
At the end of the day, a jury may decide to award more or less than the amount you and your lawyer landed on, but these calculations can be helpful and give you a better understanding of what your case is worth.
