Jason Stephens | July 2, 2024 | Damages
If you were injured in an accident that was somebody else’s fault in Texas, you could recover financial damages in a personal injury lawsuit. The damages available to you depend on the type of accident, the injuries involved, and the long-term effects of your injuries. In some cases, if your injuries lead to long-term or permanent suffering, you could be compensated for loss of enjoyment of life.
An experienced Fort Worth injury attorney can help determine if you qualify for this type of damages award in your case. They can evaluate the facts of the accident, your injuries, and the long-term prognosis for your health.
When needed, your lawyer can also find expert witnesses to testify about your loss of enjoyment of life. First, we’ll look at what this concept means and how it affects your recovery.
What Is Loss of Enjoyment of Life in a Personal Injury Case?
“Loss of enjoyment of life” refers to the lasting impact that an injury has on the victim’s quality of life. To evaluate this, courts will look at the victim’s life and activities before the injury happened, compared with their daily life since the injury. Generally, loss of enjoyment of life involves situations where:
- Someone suffered a physical or mental injury (or both);
- That person’s ability to enjoy certain activities, hobbies, or occupations is affected by the injury.
In a legal sense, loss of enjoyment of life is a category of non-economic damages awarded in personal injury cases. Unlike economic damages such as medical bills, lost pay, or property damage, loss of enjoyment of life and other non-economic damages (such as pain and suffering) are harder to quantify.
Some of the activities that would be reviewed when considering loss of enjoyment of life include:
- Social activities
- Recreational activities, such as gardening or fishing.
- Volunteer opportunities
- Physical activities, such as going to the gym or playing a sport
- Career goals and opportunities
- Travel activities
- Family activities
- Home activities such as cooking and cleaning.
For example, if someone always enjoyed gardening but could no longer do so because of an injury caused by another person, that would fall within this category.
How Is Loss of Enjoyment of Life Calculated?
Loss of enjoyment of life damages are calculated as part of the victim’s overall non-economic damages claim. There are two commonly used methods for calculating non-economic damages, including loss of enjoyment of life damages: the multiplier method and the per diem method.
With the multiplier method, a number between 1.5 and 5 is selected based on various factors, such as the severity of the injury. This number is then multiplied by the victim’s economic damages figure to arrive at an amount for their non-economic damages.
The per diem method is similar. However, instead of a multiplier, a ‘daily rate’ is assessed based on the facts of the case. This number is then multiplied by the number of days that the victim will experience the non-economic damages. Often, this method is only used for relatively minor injuries.
How Can a Personal Injury Lawyer Help Me?
A personal injury will seek to make sure you are paid fairly for your medical bills and other out-of-pocket costs, as well as your non-economic damages. This can include loss of enjoyment of life, and your lawyer will use evidence and witness testimony to show that you deserve to be paid for this type of damage.
An experienced personal injury lawyer understands the law and how to prove your claims for loss of enjoyment. Contact our dedicated legal team to learn more.
Contact Our Personal Injury Law Firm in Fort Worth, TX
If you’ve been injured in an accident in Fort Worth and need legal help, contact our Fort Worth personal injury lawyers at Stephens Law Personal Injury | Wrongful Death | Truck Accidents to schedule a free consultation.
Stephens Law Personal Injury | Wrongful Death | Truck Accidents
1300 S University Dr # 406
Fort Worth, TX 76107
(817) 420-7000
Stephens Law Personal Injury | Wrongful Death | Truck Accidents
109 York Ave Suite #201
Weatherford, TX 76086
(817) 409-7000