Is Loss of Enjoyment of Life Compensable?


Posted May 23, 2019 by crowsonlaw

This article discusses the damage of loss of enjoyment of life that is related to a car accident and its impact on compensation.

 
Some of the most common injuries sustained in a car accident are those that are physical and can be seen. However, some of these injuries result in life-altering injuries to the point that the individual loses the enjoyment of life. It is important to understand the meaning of the term loss of enjoyment of life in the context of an accident so as to determine the possible damages and compensation available.

According to Duhaime’s Law Dictionary loss of enjoyment of life is defined as, “Damages claimed based on alleged detrimental alterations of a person’s life or lifestyle or a person’s inability to participate in the activities or pleasures of life that were formally enjoyed.” Generally, a person loses their enjoyment of life as a result of an accident because he or she suffers an injury that limits the use of their limbs, stops their ability to earn an income and affects other areas of enjoyment. “When speaking on issues of loss of enjoyment of life this falls under the portion of pain and suffering in a personal injury claim. Because the person feels pain and the individual’s suffering can increase complications and decrease their ability and change their life. Depending on the case, loss of enjoyment of life can be a separate award because of the significant impact on an individual’s life and how much it may alter the individual’s moods, behavior and even emotions”, a Crowson Law Group accident attorney in Alaska commented.

One article stated, “The loss of enjoyment the victim feels in his or her life is generally separate from pain and suffering because it is the direct result of these problems. The loss or decrease in the quality of life occurs through an inability to perform certain activities, take pleasure from entertainment and to remain free from trauma and pain.” Therefore, while the calculation of pain and suffering awards require elements to do with injuries and treatment, loss of enjoyment sometimes is not factored in. This is mainly because loss of enjoyment is dependent on the type of accident and what injuries exist as a result of the accident.

When an individual suffers through a car accident, they may sustain emotional or psychological trauma and it is this trauma or distress that decreases the quality of their life until counseling or therapy ends. However, depending on the level of trauma sustained an individual may need years with a professional in order to get over the situation and move on. This is true in cases to do with post-traumatic stress disorder (PTSD). It must be noted that ‘the recovery period for physical injuries is significantly less than those relating to an individual suffering emotionally or mentally’. Thus, the loss of enjoyment of life is critical to how long that person lives after the accident. In fact, in some cases the trauma and distress experienced by an individual from the accident could restrict the person’s ability to drive in the future, or their capacity to remain close to vehicles or traffic in the future. This significantly impacts on the compensation for future treatment and care.

Simple loss of enjoyment are issues relating to everyday life such as activities like cooking, cleaning and taking out the trash due to being stuck in the hospital. This usually lasts well until after the recovery period ends. Severe loss of enjoyment of life exists when the individual cannot perform normal functions that he or she needs to do every day. This includes aspects like feeding oneself, walking or standing for short periods, sitting up and staying awake. This results from severe pain experienced by the individual.
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Issued By Crowson Law Group Wasilla
Phone (907) 331-0694
Business Address 1981 E. Palmer-Wasilla Hwy Suite 220
Wasilla, AK 99654
Country United States
Categories Law , Legal
Tags accident attorney in alaska , hire wasilla accident attorney
Last Updated May 23, 2019