What Does Loss of Enjoyment Mean in A Car Accident Case?

In most car accident cases, the physical injuries sustained by the passengers are usually the focus of the litigation. However, one aspect of the aftermath is often overlooked in a lawsuit: loss of enjoyment of life.

Loss of enjoyment happens when a person suffers a physical or mental injury that affects their ability to find enjoyment in activities that they used to do before the incident. The repercussions of loss of enjoyment can be profound. That’s why it’s important to include it in your claim. 

If you’re wondering whether you can file a loss of enjoyment lawsuit after a car crash, you’ve come to the right place. 

In this blog, we’ll discuss what loss of enjoyment is in the context of a car accident case and explore how it’s proven. 

Read on to learn how to receive compensation for noneconomic damages after an accident. 

What is Loss of Enjoyment?

Loss of enjoyment refers to how a life-altering injury affects your quality of life. It’s a type of noneconomic damage that falls under pain and suffering. 

Generally, loss of enjoyment occurs when you lose your ability to engage in activities that were once pleasurable and meaningful to you before the incident. 

A few examples of this include:

• Inability to participate in and enjoy sports activities like hiking and biking. 
• Inability to participate in hobbies like reading. 
• Inability to travel or go on family vacations.
• Inability to hold or play with one’s children. 
• Inability to socialize. 
• Inability to perform daily tasks such as cooking, cleaning, etc. 

Various injuries can cause the loss of enjoyment of life. But in most cases, they’re catastrophic, life-altering injuries such as: 

• Traumatic brain injuries (TBI)
• Spinal cord injuries
• Soft tissue injuries
• Loss of hearing
• Loss of sight

These irreversible conditions can significantly impact a person’s ability to lead a fulfilling life. 

Proving Loss of Enjoyment

If you’re planning on suing someone for loss of enjoyment of life, you’ll have to build a strong case. Its subjective nature makes it difficult to prove it in court. However, there are certain elements that you could use to strengthen your claim:

Medical Records

Medical records are a valuable source of evidence in car accident cases. These documents provide crucial information on the extent of the injuries you’ve sustained. It can also help establish the timeline of your injuries, which is crucial for calculating the damages you’re entitled to. 

Testimony From Friends & Family

Your friends and family can provide testimony in your case, discussing the significant changes they’ve observed in your behavior, mood, and overall well-being after the incident. Aside from this, they can also enumerate the hobbies or other activities you used to do in your former life. 

Expert Testimony

There are certain cases wherein it’s necessary to bring in an expert witness who can testify on the impact of your injury on your quality of life. For example, a medical expert can explain how your injuries affect your ability to do certain tasks. 

Journal Entries

Most car accident attorneys tell their clients to keep a journal documenting their experiences after the accident. This is because a victim’s journal entries are crucial evidence of the profound impact that the incident has had on their lives. 

Damages You Can Claim For Pain And Suffering

Aside from loss of enjoyment, there are several other damages that you can claim for pain and suffering, such as:

Emotional Distress

Emotional distress includes fear, anxiety, depression, or anger resulting from the incident. 

Loss of Companionship

This damage refers to losing the benefits of a familial or intimate relationship. It typically applies to spouses and other family members. 

Disfigurement

This includes any permanent damages like physical scarring and deformities caused by the accident. 

Calculating The Value of Pain & Suffering

It’s almost impossible to give monetary value to pain and suffering. But most insurance companies use two primary methods to calculate the damages:

Multiplier Method

In the multiplier method, the insurance company will multiply your loss of enjoyment by a specific number called the multiplier. Typically, the multiplier ranges between 1.5 and 5. They vary depending on factors like:

• The severity of the injury
• Duration and permanence
• Impact on daily life
• Emotional distress
• Medical treatment

For instance, if your total medical expenses are $50,000 and your multiplier is set at 3, your estimated damages for loss of enjoyment would be $150,000. 

Per Diem Method

The per diem method assigns a fixed daily rate to your pain and suffering. Insurance companies typically use rates based on the severity and impact of the injuries. 

To calculate the damage, they will count the days you’re expected to experience pain and suffering. They will also consider your anticipated recovery period or the estimated duration of your symptoms. 

For example, if your per diem rate is $200 and your diagnosis indicates that you’re expected to experience pain and suffering for 100 days, you will be entitled to receive $20,000 in damages.

Is There A Limit to What You Can Claim For Pain & Suffering?

California has a limit for pain and suffering damages, but this only applies to medical malpractice cases. 

According to the Medical Injury Compensation Reform Act (MICRA), a victim of medical malpractice can only receive up to $350,000 in non-economic damages for non-fatal injuries and $500,000 for wrongful death. However, there’s no cap for awards on economic damages. 

Economic damages refer to any monetary losses you suffered after an accident. This includes out-of-pocket expenses like medical bills, rehabilitation costs, property damage, lost wages, and more. Meanwhile, non-economic damages are the intangible losses you suffered, which include loss of enjoyment. 

If your injuries were caused by a catastrophic accident, there is no limit to the amount of compensation you can claim. 

File Your Loss of Enjoyment of Life Lawsuit Today

There’s no denying that suing for loss of enjoyment is complicated. There are nuances to the law you must consider when filing your lawsuit.

With this in mind, working with an experienced personal injury lawyer would be best. If you need help filing a loss of enjoyment of life lawsuit in California, Adamson Ahdoot is here to help.

Adamson Ahdoot is a premier civil litigation firm in California, known for its exceptional legal services and unwavering advocacy for the injured. 

Our team of personal injury lawyers has a combined legal experience of over 100 years. We have handled numerous personal injury cases, from simple slip-and-fall accidents to complex car collisions. 

Get unparalleled legal representation today and contact us at (800) 310-1606 for a free consultation.