You might be able to take legal action against someone if their activities caused you to lose enjoyment of life. A claim for loss of enjoyment is typically founded on either negligence or malicious injury. It can be beneficial to speak with an experienced personal injury attorney to ascertain whether you have a strong case and what format your claim should take.
This is a brief summary; keep reading to find out how to proceed with your claim and when to consult an attorney.
What is Loss of enjoyment of life?
Loss of enjoyment of life refers to a person’s diminished capacity to delight in the pursuits and experiences they formerly did as a result of an illness or accident. This loss may result from emotional distress, physical suffering, or other negative consequences of the disease or accident, and it is frequently taken into account when calculating the appropriate amount of damages to award in a personal injury case.
An illustration of this might be getting seriously hurt to your leg in a car accident. You can no longer engage in your favorite activities, such as running, hiking, or playing sports, due to the ailment. You also struggle with chronic pain and discomfort that makes it difficult for you to perform many of the daily activities you used to enjoy, like walking, standing up for extended periods of time, or even sitting comfortably.
Can you file a lawsuit for a diminished quality of life?
Yes, in some circumstances, you may be entitled to bring a personal injury claim for loss of enjoyment of life. When a person sustains an illness or accident that considerably reduces their capacity to enjoy the events and activities they once relished, this kind of damages is often granted.
In order to prove that an accident or disease was brought on by the careless or purposeful activities of another person or party, and that this action resulted in your suffering a considerable loss of enjoyment of life, you would need to file a lawsuit for loss of enjoyment of life. The precise sum of damages for loss of enjoyment of life that you might receive would be decided by the court based on the details of your case.
What damages are available?
There are several different sorts of damages that you may be entitled to pursue in a lawsuit for loss of enjoyment of life. These may consist of:
- Compensatory damages: These are designed to make up for the plaintiff’s actual losses and damages, such as hospital bills, missed pay, and the worth of any damaged property, are known as compensatory damages.
- Non-economic damages: These include losses of enjoyment of life, pain and suffering, and other intangible losses that are difficult to quantify.
- Punitive damages: These compensation amounts are meant to punish the defendant for particularly careless or negligent conduct and serve as a deterrent to future offenders.
- Damages for wrongful death: If the plaintiff’s illness or injury results in their death, their family may be able to file a wrongful death claim and seek compensation for both their personal loss of enjoyment of life and the loss of the deceased’s companionship and support.
The unique facts and circumstances of your case would decide the amount of damages that the court might award you for loss of enjoyment of life. It is crucial to remember that certain jurisdictions impose limits on the sums that can be awarded in damages for particular kinds of losses, such as non-economic damages, so you should speak with a lawyer familiar with the regulations in your state.
Suits for loss of enjoyment of life examples
A person engaged in an automobile accident who sustains a catastrophic injury, such as paralysis or a traumatic brain damage, may file a lawsuit for loss of enjoyment of life. The victim of the accident may file a lawsuit against the at-fault motorist to recover damages, including money to make up for their diminished quality of life.
A case when a person passes away as a result of medical negligence is another illustration of a lawsuit for loss of pleasure of life. The relatives of the deceased person may file a lawsuit against the medical professional in this case for wrongful death and loss of enjoyment of life. This might cover compensation for the departed person’s diminished capacity for enjoyment of life as well as the family’s diminished capacity for companionship, affection, and support in the wake of the death.
The outcome of the litigation in both of these cases would be based on the unique facts and circumstances of the case, as well as the local laws and judicial precedents. The court would have to decide, for example, whether the defendant’s conduct was purposeful or careless, and whether they contributed to the harm or death. The plaintiff’s loss of enjoyment of life would also need to be taken into account by the court when determining the right amount of damages to award.
When to seek legal advice
It is crucial to speak with a knowledgeable personal injury lawyer if you’re thinking of suing for loss of pleasure in life. An attorney can aid you in putting together a compelling argument that has a good chance of winning in court as well as in understanding your legal rights and options. In addition, an attorney may be recommended for assistance in settling with the defendant without going to trial, depending on the laws in your state. In some circumstances, hiring a lawyer can be essential to getting the full amount of compensation to which you are entitled.