Can You Sue Someone for Loss of Enjoyment of Life?

Many of the effects of a personal injury are readily identifiable — such as medical expenses, repair bills, and missed workdays. But other losses are less overt, but just as painful. One such negative repercussion is the loss of enjoyment of life.

But is this something you can sue for, and how does it factor into potential personal injury settlements? Read on to get more information about why you shouldn’t discount the unseen pain associated with a personal injury.

Not only is it real, but there may be compensation available to help mitigate such permanent losses.

What is Loss of Enjoyment of Life?

When someone experiences an injury, the consequences aren’t always physical. Loss of enjoyment happens when an injury prevents someone from deriving fulfillment in things the way they did pre-injury.

In other words, the victim’s post-injury condition prevents them from participating in the pleasurable activities they once enjoyed.

Types of Loss of Enjoyment of Life

There are many different ways that loss of enjoyment of life may manifest. But essentially anything that used to bring you joy that you can no longer do, owing to your injury, may qualify for compensation.

These losses may include both physical and mental activities that you found pleasurable pre-injury that you now cannot do anymore. Or that you can do, but to a far lesser capacity than before.

Physical Impairment

Loss of enjoyment of life due to a physical impairment is one of the most straightforward examples of this concept.

When an injury hinders a victim’s ability to perform previously-enjoyed physical activities, it’s a clear indication of impaired life quality.

Any personal injury claim can cause a loss of enjoyment of life, but certain scenarios are more debilitating than others:

• Traumatic brain injuries
• Spinal cord injuries
• Facial injuries and disfigurements
• Burns and lacerations
• Blindness
• Dismemberment

Suddenly being unable to move freely and capably through the world can cause unmitigated sadness for a formerly able-bodied person.

Emotional Distress and Psychological Impairment

The loss of enjoyment of life may manifest into immense mental anguish felt by the victim. This often shows up as depression or anxiety, and can also lead to emotional distress.

Serious mental conditions like PTSD may prevent victims from engaging in the simplest tasks without frequent assistance. Social interactions may be forever altered due to the terror felt by one’s condition.

Emotional distress may also lead victims to stop venturing outside their home, leading to an additional loss of enjoyment.

Common Loss of Enjoyment of Life Examples

The list of different activities that qualify as potential precipitators for loss of enjoyment is long. But some common examples of things that may cause a person sadness when they can no longer do them include:

• Sports and recreation—Athletes who derived fulfillment from sports may experience a greater magnitude of despair if it was taken away from them. This is especially true if their main income source was derived from sports and recreation.
• Hobbies and artistic pursuits—A musician may lose a finger and can no longer play their instrument. Or a gardener can no longer work in the yard. Any meaningful activity that the victim cannot do anymore may contribute to loss of enjoyment of life.
• Career and professional opportunities—Many people derive a sense of self from their careers. It can be devastating to one’s identity if an injury derails a victim’s career. Furthermore, when an injury restricts professional development and growth opportunities, a loss of enjoyment of life may result.
• Home and parenting duties—Imagine not being able to hold your child or grandchild. Or even help with everyday activities like cooking meals. This loss of enjoyment of life may apply to those unable to have a child due to their injuries.

Basically, if you’re experiencing mental anguish from the things you can no longer do that once brought you fulfillment, that’s loss of enjoyment.

How Do You Prove Loss of Enjoyment of Life?

Proving loss of enjoyment of life is somewhat harder than, for example, proving you needed an operation for your injury. That’s because it’s more of a concept than something where you can show a receipt.

However, by gathering the right evidence, you can concretely make your case.

To start a personal injury claim, you’ll need to prove that another party’s negligent actions caused your condition. The defendant’s actions must show a direct link to the cause of your suffering.

From there, you’ll have to establish that your injury or impairment directly caused your loss of enjoyment of life.

To support your case, you will need to gather evidence such as:

• Medical records—This is to establish the types and severity of your injuries.
• Witness testimonies—These can help determine fault for the injury but also be useful to document your behavioral changes since the accident.
• Police reports—Details about the accident in “official” reports lend credibility to your claims.
• Photos and videos—These can be of the accident, but before and after photos and videos may also be effective.
• Personal activity logs and journals—Because it can be difficult to prove loss of enjoyment, personal records are valid as evidence.

Calculating Damages for Loss of Enjoyment of Life

Like other non-economic damages such as emotional distress and pain and suffering, loss of enjoyment is harder to quantify as it doesn’t have a monetary equivalent.

However, these claims are allowable for personal injury cases, and more common for individuals left with a disability.

That’s because the law seeks to offer solace by granting compensation for damages. The purpose is to help make up for the life a person might have led were it not for their injury.

Some things that a judge and jury will likely consider when determining appropriate damages may include:

• Severity of the injury
• Physical impact of the injury
• Emotional impact of the injury
• Quality of life before and after the injury

To estimate subjective damages like loss of enjoyment of life, insurance companies often use the multiplier method.

This calculation adds all of the victim’s economic damages and multiplies it by a number between 1 and 5.

The number estimates how much non-economic damages you’re entitled to. 1 may mean that you recovered after a few months, and 5 means permanent and severe disability.

How to File a Lawsuit for Loss of Enjoyment of Life

In order to file a lawsuit for loss of enjoyment of life, you will need to retain legal counsel.

While these cases have very real consequences for a victim, they’re also difficult to prove. You’ll want a skilled attorney in your corner to help you collect the requisite materials and also build your case.

The onus falls to the claimant to prove loss of enjoyment of life is the result of another person’s actions. Consulting with a personal injury attorney can help you discern the strength of your claim. It will also clarify the complexities of filing such a suit while you recover from your injuries.

Deadlines to File Your Claim

The statute of limitations for a personal injury, medical malpractice, or car accident case varies by state.

Generally, it’s around the two or three year mark, but you’ll need to check your state’s laws to be sure. You don’t want to miss this deadline because a judge will dismiss your case if you file too late.

Your best move is always to file as soon as possible while details are fresh and witnesses remain available.

Find a Personal Injury Attorney to Help Straighten Your Lawsuit

Knowing where to start and whom you can trust when it comes to legal advice can feel overwhelming. Especially if you’re experiencing loss of enjoyment of life along with other repercussions from an injury.

If you need to connect with a lawyer and you don’t know where to turn, contact LegalASAP. We’re connected with 500+ law firms across the United States, so we can help find a lawyer local to your area.

Personal injury lawyers often work on a contingency basis, meaning their services are free until you settle your claim. We’re ready to listen and help you get the compensation you deserve for your suffering.

Schedule a FREE consultation through our evaluation form, or call 1-888-927-3080 for more information.