How to Sue for Loss of Enjoyment of Life
Request Free ConsultationWhen you file a lawsuit after suffering an injury, your mind likely jumps to recovering compensation for tangible losses—medical bills, property damage, or wages lost during recovery. However, Utah law recognizes that injuries often steal something equally valuable yet impossible to quantify on a receipt: your ability to enjoy life as you once did.
Whether you can no longer play catch with your children, pursue your passion for sports, or even sleep comfortably through the night, these damages deserve recognition. When you file a personal injury lawsuit in Utah, you have the right to claim compensation for this loss of enjoyment of life. Reach out to the St. George personal injury attorneys from We Win Injury Law if you’ve been injured to the point of losing the enjoyment of life.
What Is Loss of Enjoyment of Life?
Loss of enjoyment of life refers to your diminished ability to participate in and experience life’s activities and pleasures due to your injury. Injuries cause harm beyond physical pain, limiting your capacity to engage in hobbies, recreation, social activities, and daily routines that once brought you fulfillment.
In personal injury lawsuits, you have the right to recover two types of damages: economic and non-economic. The first refers to tangible expenses like medical bills and property repairs, while the latter involves your physical and emotional pain and suffering. As a non-economic damage, loss of enjoyment recognizes that quality of life matters deeply, even when its value cannot be easily calculated.
How Can You Prove Loss of Enjoyment of Life?
Building a strong case for loss of enjoyment requires thorough documentation and compelling evidence. You can use the following to help demonstrate the impact of the accident on your life:
- Medical Documents: These establish the physical limitations imposed by your injuries, providing objective proof of why you can no longer engage in previously enjoyed activities.
- Journal Entries: Your personal accounts detail the day-to-day struggles and emotional impact of your injuries, showing how your quality of life has diminished over time.
- Testimony from Loved Ones: Family and friends can describe observable changes in your behavior, abilities, and emotional state before and after the injury.
- Testimony from Experts: Medical professionals and psychologists can explain the long-term implications of your injury on your ability to enjoy life, providing credibility to your claims.
How Are Loss of Enjoyment of Life Damages Calculated?
Loss of enjoyment of life damages are included in the broader pain and suffering portion of your settlement. Since there’s no standardized formula for calculating these intangible losses, attorneys and courts can use several methods. Two of the most common are the multiplier method and the per diem method.
The multiplier method applies a number (typically between 1.5 and 5, depending on severity) to your economic damages. For instance, if your economic damages total $50,000, and a multiplier of 3 is used, your non-economic damages would equal $150,000.
The per diem method assigns a daily dollar amount to your suffering, then multiplies it by the number of days you’ve experienced or are expected to experience limitations. If you are assigned $100 per day for a year-long recovery, this would total $36,500 in non-economic damages.
Speak with a Utah Personal Injury Attorney Today
When an unexpected accident affects your ability to enjoy daily life, you deserve justice and fair compensation. A Utah personal injury attorney can be your ally in this fight. If you were injured due to someone else’s negligence, contact an injury lawyer in St. George today to discuss your situation and begin the process of securing the compensation you deserve.