Posted on Wednesday, December 20th, 2023 at 9:00 am
Serious injuries can impact your quality of life in many ways. If they’re particularly severe or cause long-term impairment, they can lead to limitations that prevent you from enjoying activities you enjoyed before your injuries. These consequences shouldn’t be yours alone to bear if someone else caused your injuries.
As such, you may account for such losses when filing a personal injury claim or lawsuit in Utah. Along with seeking compensation for documented losses like medical bills, you could seek compensation for loss of enjoyment of life.
What is Loss of Enjoyment of Life in a Personal Injury Claim?
Loss of enjoyment of life refers to the way injuries may prevent you from participating in activities that once brought you joy or pleasure. For example, maybe you were once an athletic person who enjoyed playing sports and coaching your kids’ teams, but a car accident left you with spinal cord injuries. Such injuries may cause loss of function in various body parts. Your injuries now deprive you of the ability to enjoy sports, coaching, and other activities you once enjoyed. Your personal injury claim or lawsuit may include these losses.
Calculating Loss of Enjoyment of Life Damages
The compensation available in a personal injury claim is known by the legal term damages. An injured party may be eligible for economic damages if their injuries result in losses with objective dollar values. For example, they may receive economic damages for medical bills and lost wages.
Non-economic damages, like loss of enjoyment of life, don’t have clear financial values. Calculating loss of enjoyment of life compensation may thus involve accounting for such factors as:
- The severity of your injuries
- The degree to which your injuries cause physical limitations
- Whether your injuries cause emotional pain or mental anguish
- The extent to which your injuries affect your ability to enjoy hobbies and other activities
Insurance companies and legal professionals sometimes apply specialized formulas to assign dollar values to pain and suffering. They might apply similar methods when calculating loss of enjoyment of life compensation.
How to Prove Loss of Enjoyment of Life Damages in Utah
How you go about proving your loss of enjoyment of life in Utah depends on the specifics of your case. Evidence that could prove valuable includes:
- Medical records illustrating the severity of your injuries
- Testimony from medical professionals who can speak to the way an injury impacts your mobility, cognition, and comfort
- Testimony from loved ones who have seen you struggle in the aftermath of your injuries
- Your own testimony about the injuries and the way they make you feel
- A personal log or journal describing loss of enjoyment of life
- Photos and/or videos showing the activities you once enjoyed and your inability to participate in them now
The law might limit how much loss of enjoyment of life compensation you may receive given the nature of your case. For example, perhaps you’re filing a medical malpractice claim or lawsuit. Under Utah law, the maximum compensation you can receive for non-economic losses in these circumstances is $450,000.
Accidents and Injuries Resulting in Loss of Enjoyment of Life
Certain types of injuries may be more likely than others to cause loss of enjoyment of life, such as:
- Spinal cord injuries (SCIs)
- Traumatic brain injuries (TBIs)
- Burns
- Disfiguring injuries
- Amputations
That’s not an exhaustive list. You may be eligible for compensation for loss of enjoyment of life as long as your injuries genuinely restrict your ability to participate in enjoyable activities.
A Note on Loss of Consortium Claims
You may be eligible for loss of enjoyment of life compensation if your injuries prevent you from participating in activities you may have shared with loved ones. In some cases, those loved ones (like a spouse) may also be eligible for compensation through a loss of consortium claim. While this claim is filed on their behalf, it is not a separate claim and must be included in yours.
Contact a Utah Personal Injury Lawyer Today
Knowing whether you have reason to seek compensation for loss of enjoyment of life can require a thorough understanding of the law. Gathering the evidence to prove you deserve such compensation may also be a challenge if you lack experience with these matters.
Fortunately, help is available. At London Harker Injury Law, our Utah personal injury lawyers can explain your legal options and help you build a strong case. Get started today by contacting us online or calling us at 77CARCRASH for a free case review.
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