Filing a personal injury suit is a way to claim compensation for economic damages such as lost wages, medical expenses, rehabilitation and therapy fees, and property damages. However, injuries can also leave damages that cannot be measured economically. People who have been injured in accidents caused by the negligence of others can often experience pain and suffering in the form of psychological and emotional trauma aside from physical trauma.
New York law has provisions allowing the injured party to seek compensation for these non-economic damages. The process of calculating pain and suffering is not as clear-cut compared to filing a claim for economic damages. If you have been injured in an accident caused by the negligence of another party, an experienced personal injury attorney can assist you in getting compensated for the economic and non-economic damages you have experienced.
At Kucher Law Group, our top-rated Brooklyn personal injury attorneys can offer quality legal representation to help New Yorkers move forward after their accidents. We can assess your case, advocate for your interests, and help seek adequate compensation for your injuries. Contact us today at (929) 563-6780 to schedule a free consultation.
Can You Sue Someone for the Loss of Enjoyment of Life?
In New York, if you’ve suffered an injury due to someone else’s actions, you have the right to seek compensation for various damages, including the loss of enjoyment of life. This type of damage falls under the umbrella of non-economic or general damages in a personal injury claim. Unlike economic damages, which cover direct financial losses like medical bills and lost wages, the loss of enjoyment of life pertains to the detrimental impact an injury has on your ability to enjoy daily activities and life pleasures.
While compensation for pain and suffering is a recognized claim in personal injury cases, the loss of enjoyment of life is distinct. It specifically addresses the loss of one’s capacity to partake in hobbies, engage in social activities, and experience life’s pleasures to the same extent as before the accident.
Filing a lawsuit for loss of enjoyment of life in New York is permissible, but proving the extent of your non-economic losses can be challenging. It requires a demonstration of how your injuries have altered your lifestyle and diminished your quality of life. This often necessitates a comprehensive presentation of evidence, possibly including personal testimony, expert witnesses, and detailed descriptions of your life before and after the injury.
How to Sue Someone for Loss of Enjoyment of Life
If you’re considering legal action due to a decrease in your quality of life following an injury, it’s vital to understand that loss of enjoyment is typically part of a broader personal injury claim rather than a separate case. This concept falls under non-economic damages, which cover aspects of your life that have worsened due to an injury, not just your financial losses.
To make a strong case, you should collect ample evidence that demonstrates how the injury has altered your daily activities and overall happiness. This evidence might include medical records that outline your injuries, statements from medical professionals, testimonies from family or friends who have observed changes in your life, and personal journals that detail your life before and after the injury.
Consulting with a Brooklyn personal injury attorney is a critical step. A personal injury lawyer can clarify your legal rights and recommend effective strategies for your case. They can also offer guidance through the legal procedures in New York, keep track of important deadlines, and provide representation in court when needed.
The next step would be to establish who is responsible for your injuries and prove that their negligence led to your suffering. This process might involve filing a claim against the responsible party’s insurance company. If the insurer’s compensation offer isn’t adequate, your personal injury attorney can negotiate for a better settlement. Should these efforts not result in a satisfactory outcome, the case can be taken to court, where a judge or jury will decide on the compensation you deserve based on the presented evidence and arguments.
Loss of Enjoyment of Life Explained
Loss of enjoyment of life is a legal term that refers to the severity of the impact an injury causes in a victim’s life. When a person experiences an accident that results in injuries that prevent them from having the quality of life they had before the injury, they can experience a loss of enjoyment of life. These types of injuries can often be debilitating or affect the ability of the injured party to engage in the activities they enjoyed before the accident. Common types of injuries that cause enjoyment of life include the following:
Chronic Pain
While pain in most injuries can ease as the patient recovers, it can continue to persist in instances where nerves are damaged or for some other medical reasons. Pain is a stimulus that helps alert the body to dangers such as injury but when the injury has healed and pain becomes a chronic stimulus, it can cause severe stress. Even if the chronic pain is not severe, it can still cause a person to have psychological and emotional trauma. Although their physical injuries have healed, a person experiencing chronic pain can suffer from sleep disruption, behavioral changes, depression, and anxiety. If not managed appropriately, their condition can also affect how they interact with others, regardless of personal or professional relationships.
Head and Brain Injuries
Head and brain injuries in general have a propensity for causing complications. In some cases, symptoms of head injuries can take time to develop causing the injured party to think that the injury is not severe. For concussions and traumatic brain injuries, the risks to the injured party’s health can include severe migraine, nausea, swelling of the brain, loss of balance and other motor functions, and cognitive impairment.
Disfigurement
Injuries that cause disfigurement such as burns can have a severe psychological impact on the injured party, especially if the scars or the disfigurement are in a highly visible part of the body such as the face. While therapy and plastic surgery can help, disfigurement can affect a person’s self-esteem and confidence. However, the impact of disfigurement is not only aesthetic or psychological, scar tissue can cause limited mobility and greatly impact how a person approaches their daily activities.
Loss of Vision, Hearing, or Speech
Losing the ability to see, hear, or speak can be a traumatic experience. Even losing just one of those senses can negatively impact how a person can take care of themselves. For injured persons who have lost their sense of sight, they would have to completely recalibrate how they go about in the world and it can take time until they can live independently.
Loss of vision, hearing, or speech can also affect a person’s career prospects and how they make a living. A person who can once take care of themselves may become reliant on technology or their loved ones just to get by. This challenging transition can cause injured parties to develop depression.
Spinal Cord Injuries
Spinal cord injuries can cause paralysis and loss of motor control. Depending on the type of spinal injury, a person can lose the ability to walk or control their whole body. Despite the improvements in rehabilitative medicine, it can still take a person a long time to recover some mobility, and not all can recover to the level they had before the injury. Such injuries can leave an injured person unable to experience or enjoy any activities they previously did before their accident.
Soft Tissue, Musculoskeletal Injuries, and Amputations
Damages to soft tissues such as ligaments, tendons, and muscles, and fractures can cause a decrease in motor function. The loss of limbs can also be a traumatic event and require a person to undergo rehabilitation and therapy to adapt to their new condition. The person can also experience a period of dependence on others’ help that may also affect them emotionally and psychologically.
To protect your rights and receive the full compensation you deserve, it’s recommended to work with an experienced personal injury attorney. They can help in effectively conveying the severity of your loss of enjoyment of life to an insurance company or court and advocate for your deserved compensation.
| Type of Injury | Description |
|---|---|
| Chronic Pain | Persistent pain, often due to nerve damage or medical reasons, leading to stress, sleep issues, and emotional impact. |
| Head and Brain Injuries | Injuries can cause migraines, nausea, brain swelling, cognitive impairment, and motor function problems, with delayed symptoms. |
| Disfigurement | Severe injuries like burns affecting appearance, leading to self-esteem issues, mobility limitations, and psychological impact. |
| Loss of Vision, Hearing, or Speech | Traumatic loss of senses necessitating major life adjustments, affecting careers, and potentially leading to depression. |
| Spinal Cord Injuries | Paralysis, loss of motor control, and long recovery, impacting the ability to enjoy previous activities and daily life. |
| Soft Tissue, Musculoskeletal Injuries, and Amputations | Damage to tissues or limb loss causing decreased motor function, emotional challenges, and dependence on others during recovery. |
Loss Of Enjoyment Of Life Examples
Loss of enjoyment encompasses a wide array of activities that used to bring happiness and fulfillment but have now become sources of distress due to your inability to engage in them. To seek compensation for such losses, it’s crucial to demonstrate that your accident has hindered your ability to partake in these activities either due to physical limitations or pain.
For instance, you may no longer be able to:
- Independently cook meals at home, a once cherished activity symbolizing your independence.
- Pursue a career in a beloved industry that not only provides financial security but also allows you to indulge yourself and support your loved ones.
- Explore the world.
- Participate in classes or social clubs, like acting classes or book clubs, owing to speech difficulties following a brain injury.
- Engage in sports or physical activities such as running, swimming, golf, or tennis.
- Enjoy hobbies like painting, gardening, photography, woodworking, playing a musical instrument, or other recreational pursuits.
- Attend social gatherings, parties, and family events.
- Visit the gym, partake in exercise routines, or maintain physical fitness.
- Experience the great outdoors through camping, fishing, boating, or hiking.
- Celebrate significant life milestones, such as birthdays, anniversaries, weddings, or graduations.
- Contribute to your community through volunteering.
- Invest in personal growth by attending workshops and educational courses.
We often underestimate the value of these activities in our lives until we can no longer engage in them without enduring excruciating pain or, in some cases, not at all. It’s important to recognize that your hobbies and favorite pastimes play a crucial role in your overall happiness and well-being. The loss of enjoyment resulting from your accident warrants compensation and consideration, as it has profoundly impacted your quality of life.
If you’ve experienced a loss of enjoyment of life due to an accident, it is crucial to seek legal guidance promptly. At Kucher Law Group, our Brooklyn personal injury attorneys can assist in securing compensation for individuals who have suffered such losses, empowering them to receive the support and resources needed to rebuild their lives after an accident. We understand the profound impact that accidents can have on daily activities, hobbies, and overall well-being. Contact us today to schedule a consultation and take the first step towards reclaiming your quality of life.
How is Loss of Enjoyment of Life Calculated?
Loss of enjoyment of life is non-economic damage, meaning that it cannot be measured through empirical means. Calculating loss of enjoyment of life involves estimating the effect the injury or the consequences of the injury has caused on the person’s life. The jury can consider the following factors in determining the estimate:
- The age of the injured party
- The injured party’s educational background, work history, and other professional opportunities
- The severity of the injuries sustained
- The future consequences of the injuries on the person’s life
- The nature of the activities the injured party can no longer engage in
There are no receipts or physical documents that may help validate the loss. However, the testimony of the people close to the injured party as well as the expert testimony of therapists or other field specialists can also corroborate the facts.
Just as a person can file a claim for compensation on medical expenses for physical injuries they sustained in an accident, injured parties can file a claim for the emotional and psychological damages that they incurred. It is important to remember that just because they are not visible, it does not mean that these damages do not exist. They are real and measurable.
For accidents caused by the negligence of others which may have been preventable, it is even more crucial to pursue compensation as circumstances could have been different if the accident had not happened. By including compensation for loss of enjoyment of life in a personal injury suit, the injured person can receive the financial resources they need to adapt to their new circumstances and find new activities that they can enjoy.
The Importance of Working with an Experienced Brooklyn Personal Injury Attorney
Compensation for non-economic damages such as loss of enjoyment of life is often overlooked but they remain to be an important part of personal injury claims. Recovery after an accident should not only involve the physical aspect of a person’s welfare but also their mental and emotional well-being.
Top-rated Brooklyn personal injury lawyer Samantha Kucher understands the gravity of pursuing negligent parties for physical damages as well as damages for a person’s pain and suffering. An injured person should not have to face the double burden of physical and emotional trauma. Our team of personal injury attorneys can work diligently to deliver tailored legal solutions to parties who have been hurt due to the negligence of others. Contact us today at (929) 563-6780 to schedule a free consultation.
