In California, if you are someone who has suffered an injury due to someone else’s negligence, you are legally entitled to pursue legal action to recover monetary compensation for your economic and non-economic damages. Unfortunately, more often than not, individuals suffer catastrophic injuries at no fault of their own. When this is the case, you may be entitled to significant compensation. Typically, victims can file a claim against a negligent party for reimbursement for financial losses that have stemmed from their injuries. These losses are referred to as economic and non-economic damages. Economic damages are quantifiable losses while non-economic damages are not. If you have sustained an injury as a result of another party’s negligent actions, please contact our experienced Santa Clara County Personal Injury Attorneys who can help you seek reasonable compensation for your tragic losses. In addition, keep reading to learn about what the legal concept of loss of enjoyment of life represents in a personal injury lawsuit.
What is the legal concept of loss of enjoyment of life?
Firstly, to understand the legal concept of loss of enjoyment of life, you must first understand the difference between economic and non-economic damages. Economic damages are calculable losses. They are easily quantifiable as they are any out-of-pocket financial losses. This can include past and future medical expenses, vocational rehabilitation, lost wages, lost earning capacity, household services, and property damage. Non-economic damages on the other hand are not quantifiable as they are subjective losses. They are not tangible financial losses. This can include pain and suffering, inconvenience, emotional distress, loss of society and companionship, and loss of enjoyment of life. Loss of enjoyment of life is among the non-economic damages you can receive in a personal injury suit.
In legal terms, the loss of enjoyment of life refers to the impact an injury has on a victim’s quality of life. The legal concept arises from the way certain injuries can diminish an individual’s ability to engage in certain activities in the way that they did before the accident. This can include working, participating in certain hobbies, and playing sports. Typically, those that sustain catastrophic injuries that cause serious physical limitations that have long-term effects experience a loss of enjoyment of life.
As with any type of non-economic damage, it can be difficult to prove. However, the court usually will evaluate the current state of your life and what it was like before the accident. The court will hear testimonies from family and friends that can corroborate your past life and the activities you once enjoyed performing. Further, they will take into account the nature of the activity lost, the severity of the injury, and the future physical limitations of the injury. As this type of non-economic damage can be hard to prove, it is in your best interest to acquire the legal services of a qualified attorney.
For more information on the legal concept of loss of enjoyment of life and other damages you may be able to recover for your injuries, contact a proficient Santa Clara County personal injury attorney. Our firm is committed to helping our clients achieve favorable results.