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Loss of Enjoyment of Life in Personal Injury Claims

Personal injuries can be incredibly traumatic and can permanently change your life. Often times after sustaining an injury, victims will need days, weeks, months, or even years of medical treatment. In some cases, victims will need permanent medical treatment. In situations involving a catastrophic injury, the usual economic compensation and pain and suffering awards for damages may not be sufficient. In these scenarios, victims may qualify for compensation for Loss of Enjoyment of Life (LEL). If you are considering making a claim for the loss of enjoyment of life, you may be wondering what circumstances allow you to pursue Loss of Enjoyment of Life compensation, how to prove your claim, and how your damages will be calculated.

What Circumstances Allow A Victim To Pursue Compensation For Loss of Enjoyment of Life?

When an injured victim pursues compensation for Loss of Enjoyment of Life damages, they must show how the injury has had a long-term, negative impact on their life. Usually, the victim can prove this by demonstrating that they can no longer participate in the activities they previously enjoyed. Often, a victim pursuing Loss of Enjoyment of Life claims has suffered a catastrophic injury such as:

  • Brain injury
  • Loss of a limb
  • Total or partial paralysis
  • Loss of vision
  • Loss of hearing
  • Loss of consortium
  • Severe scarring or disfigurement
  • An injury that left them with chronic pain

How Are Loss of Enjoyment of Life Damages Proven and Calculated?

Proving Loss of Enjoyment of Life damages can be somewhat difficult due to their intangible nature and non-economic status, and the burden of proof falls on the victim. To prove their claim, the injured party must demonstrate that due to their injury, they are no longer able to perform their usual daily tasks, perform their basic job duties, or participate in hobbies or sports they enjoyed before the injury occurred.

When working to prove these factors, the victim’s Fort Collins personal injury attorney will need to show that the at-fault party was liable by demonstrating:

  1. They had a duty of care to prevent injury to others
  2. They breached this duty of care
  3. Their breach of duty directly caused injury
  4. The victim suffered damages due to the injury

In addition to proving the at-fault party’s liability, the victim may need to further prove their loss of enjoyment of life by providing:

  • Testimony from friends and family about the impact the injury had on their life
  • A daily journal kept by the victim detailing their pain, medical treatments, and the impact the injury has on performing their daily routine
  • Medical expert testimony
  • Photographic evidence

Once there is sufficient evidence to show how the victim’s life has been impacted post-injury, the victim’s attorney must calculate a monetary value to apply to the claim. Typically, this is done using a mathematical formula based on the amount of economic damages.

It is important to note that if you are pursuing, or considering pursuing, Loss of Enjoyment of Life damages after an injury, it is best to work with an experienced attorney who can help you gather evidence, prove liability, and represent you in court. You deserve compensation for the losses you have suffered, so don’t go it alone. Contact Cannon Law today for a free consultation.