After an injury resulting of the carelessness and negligence of somebody else, the victim can pursue monetary compensation from the person who responsible for their injuries and damages. In every personal injury case, the damages are different. But two common threads running through them are economic and non-economic damages. For example, economic damages are readily ascertainable and can be verified within a reasonable degree of certainty. They might consist of damages like medical bills, lost earnings, property damage or out-of-pocket expenses. Non-economic damages are subjective and more difficult to put a price tag on. These damages might consist of pain and suffering, inconvenience or even loss of enjoyment of life.
What is Loss of Enjoyment of Life?
In California, pursuant to CACI 3905A, accident victims can pursue damages for loss of enjoyment of life that they suffered as a result of the injuries that they sustained in an accident. Loss of enjoyment doesn’t stand alone as part of a victim’s damages though. It’s contemplated and figured into any award that a jury might make for pain and suffering. Loss of enjoyment might be physical, mental or both. It affects a person’s ability to engage or participate in activities that were a part of his or her life before being injured. Those activities might be household activities like attending to personal hygiene or grooming, cooking, reading, writing, attending family gatherings, socializing with friends at a restaurant, shopping, ballroom dancing or even sports activities.
Proving Loss of Enjoyment
Loss of enjoyment damages are typically sought in cases involving severe or catastrophic injuries like brain, spinal cord injuries or severe burns. If possible, the injury victim will testify as to his or her inability to do certain things that he or she routinely did before their accident. Other people would also testify likewise on behalf of the victim. When awarding damages for loss of enjoyment, a jury might consider the following evidence:
- The age of the victim. Younger victims might obtain higher settlements or awards.
- His or her overall looks and demeanor.
- The nature and extent of the injuries suffered.
- The victim’s education and employment history.
- The long-term consequences of the injury.
- The types of activities that the victim can no longer engage or participate in.
If you or a family member claim a loss of enjoyment of life as a result of an accident that happened due to the carelessness and negligence of somebody else anywhere in California, contact our California personal injury lawyer at Maison Law for a consultation and case review at no cost at all to you. We’ll listen to you carefully, and we’ll answer your questions. Then, we’ll advise you of all of the options for compensation for your damages that are available to you. Experienced and effective legal representation is pivotal in proving your damages. Hire us to represent you. Our objective will be to obtain the highest settlement or award that you deserve. Contact us here at Maison Law for that free consultation as soon as you can after any accident.
Contact a Personal Injury Lawyer.
After an accident involving a serious injury in the Central Valley, contact attorney Martin Gasparian for a free consultation and case evaluation. Mr. Gasparian takes a hands-on approach to every case. He believes that every client should work directly with their lawyer, get honest advice and personalized attention to detail their case deserves.
