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Loss Of Enjoyment Of Life
In a personal injury lawsuit, the legal phrase “loss of enjoyment” (which is generally shortened to “loss of pleasure”) refers to one part of “pain and suffering” damages. Not all states consider loss of pleasure of life to be a distinct category of damages that can be recovered by plaintiffs.In some jurisdictions, plaintiffs are entitled to receive a separate award of damages for the loss of enjoyment of life, but in other states, it is included with pain and suffering or “general” damages.
You don’t have to fight your personal injury claim on your own. You are entitled to hire an attorney to assist you with your case. An attorney will have the knowledge and experience you require to establish intangibles such as lost pleasure of life, pain and suffering, and emotional distress. Your lawyer can use a variety of methods to support your claim of loss of enjoyment of life, including collecting statements from witnesses and hiring experts. Call Texas Personal Injury Lawyers at (888) 997-2148 immediately for a free case evaluation.
Physical And Intellectual Pursuits Are Reimbursable
Both a loss of physical and intellectual abilities can have a big impact on your life, both of which may significantly reduce or eliminate the pleasure you used to get out of living. For this reason, your personal injury claim may be compensated for both the inability to engage in physical activities and the inability to participate in intellectual activities.
- Physical Activity
Let’s start with how this works when it comes to real-life activities. For example, if you sustained a back strain from a vehicle accident and your back discomfort prevents you from engaging in the physical recreational activities of running and mountain biking that you used to enjoy doing several times per week before the accident, your enjoyment of life has been diminished as a result of not being able to do those tasks which gave you pleasure or gratification. You are entitled to financial compensation for your lost enjoyment of life as a result of this injury.
- Intellectual Activity
The same may be said for mental pursuits. If, for example, you or a family member has had a head injury and is no longer able to read books or play bridge because of it, you should consider other interests. The loss of the pleasure of engaging in these intellectual pastimes is also compensated through an award of money damages for the loss of enjoyment of life.
Amount Of Compensation
What is the maximum amount of compensation one can receive? What is the legal definition of “reasonable” when it comes to receiving compensation? Is there a cap on how much money an individual may recover in court? How do I find out if I’m entitled to any funds from my policy’s liability coverage, such as someone else’s negligence or property damage. A more precise way to estimate damages for lost enjoyment of life is to ask family and friends how much they would be prepared to accept as compensation if they were unable to use their favorite recreational activity.
An experienced personal injury lawyer will be able to give you an idea of the amount of financial compensation you can reasonably expect to obtain if you or a loved one has been seriously hurt and your life and ability to enjoy the things you once took pleasure in has been damaged.
How Is Loss Of Enjoyment Calculated?
How to prove loss of enjoyment of life? When a loss of pleasure is estimated, there are numerous elements to consider.
First, it is worth noting that non-economic loss of enjoyment has no obvious numerical value, as there is with medical expense. As a result, determining the worth of losing pleasure is plenty of leeway and interpretation, and hiring a competent personal injury lawyer may help immeasurably.
The age of the victim and the severity of the damage will frequently be taken into account by courts and juries. How much more time will this person have to miss out on life? Younger claimants have a better chance of obtaining a larger sum because the loss will affect them for a longer period.
Catastrophic injuries that cause greater suffering or interfere with normal activities are also more likely to result in higher compensation for loss of pleasure.
What Are Some Other Non-Economic Damages?
Not only can an individual’s quality of life suffer as a result of bodily harm, but there are some non-economic damages that he or she may seek in Texas following a catastrophic accident. These include:
- Pain and Suffering –The plaintiff can file a claim for compensation for the pain and suffering he or she has already endured, or is currently enduring. Chronic discomfort that is expected to endure for years might be particularly distressing.
- Emotional Stress – Emotional distress and mental suffering are two additional types of damages that a plaintiff can claim. Anxiety, sadness, and other emotional problems caused by an accident are considered in these compensation.
- Loss of Consortium – If the plaintiff is married, and his or her ability to be physically together with a spouse as a result of the accident is harmed, this may be considered as part of the claim.
Is It Really Necessary To Have A Personal Injury Lawyer In Texas?
Yes! It’s critical to have a skilled and experienced CO trial lawyer on your side if you’re involved in a lawsuit.
It’s a huge blunder to attempt to deal with a vehicle accident, a job injury, or a fall on your own, especially if you’ve been harmed.
Defending oneself without an attorney can be frightening. It’s difficult to know what you’re doing, how much it’ll cost, and whether or not you should be filing a claim in the first place. You may misplace your deadlines, file incorrect legal paperwork, and never even consider asking for additional compensation.
It’s also more difficult to receive a fair settlement or win a court case if you don’t have your own lawyer—especially because the opposing party will almost certainly have one.
If you were hurt in an accident in Texas and someone else was to blame, you should contact a qualified personal injury attorney. Texas Personal Injury Lawyers can swiftly evaluate your situation to see whether you have a viable claim. If you believe this has happened to you, we will fight to assist you in obtaining the compensation that you deserve.
Call us at (888) 997-2148 now for you free consultation.
We take cases on a contingency fee basis and there are no costs unless we win, and the consultation is completely FREE. Contact us to learn what Texas Personal Injury Lawyers can accomplish for you.