Can You Recover Compensation for Loss of Enjoyment of Life? Accident Lawyer New York Explains
A serious accident can change a lot of things about a person’s life. While some effects are short-term, others can be long-lasting. The impact of a car accident can go beyond physical injuries and financial burdens; sometimes people find that they no longer enjoy life like they used to. While the impact is unmistakable, the question then becomes, can you recover compensation for the loss of enjoyment of life? In this post, the team at Gabriel Law will take on the role of your accident lawyer in New York and explain how the loss of enjoyment of life can impact your personal injury claim.
What does “loss of enjoyment of life” mean?
Before we explore compensation for the loss of enjoyment of life, let’s define it. Simply put, it means the inability or reduced ability to do activities that once made you happy. Courts examine how your life changed before and after the accident. They assess how your injuries have affected you in measurable ways.
For instance, if you love sports and the outdoors, but an accident injury prevents you from enjoying those activities, you can claim compensation. This includes not just your injuries but also the loss of enjoyment of these activities. A claim for “loss of enjoyment of life” can even extend to simple pleasures, like cooking, walking your pets, or socializing.
What type of damage is loss of enjoyment of life?
After a car accident, your final compensation is determined by a mix of economic and non-economic damages. Economic damages (special damages) account for losses that have a set financial value, like medical expenses and lost income. On the other hand, non-economic damages (general damages) represent losses that do not have a set financial value. The value of non-economic losses is determined on a case-by-case basis. Under New York law, loss of enjoyment of life is a type of non-economic damage.
How do we claim compensation for loss of enjoyment of life?
In New York, when you have been injured in a car accident, your insurance policy is your first point of compensation. However, your Personal Injury Protection (PIP) coverage will only account for economic losses such as medical expenses and lost income. Non-economic damages are not covered under insurance. That being the case, if you want to claim compensation for the loss of enjoyment of life, you need to file a personal injury lawsuit.
However, if you want to file a personal injury lawsuit, you must prove that either you have suffered a “serious injury” as defined in Article 51 of New York Insurance Law or the basic economic damage you’ve suffered exceeded $50,000. In most cases, the claim for loss of enjoyment of life is connected to a serious injury.
How can you prove loss of enjoyment of life?
There’s a lot more to proving loss of enjoyment of life than saying it so. When you are claiming the loss of enjoyment of life, the burden of proof is on you, and you need to present strong evidence to make a compelling case. Proving loss of enjoyment of life can involve:
- Presenting medical evidence (physical and psychological injuries)
- Presenting expert testimony and life care plans
- Documenting the change in lifestyle through personal documentation and other witness statements.
Every piece of evidence is important when presenting a convincing narrative of how an accident delayed or stole your chance at a real and meaningful life. When it comes to structuring your case to achieve the best results, contacting an accident lawyer in New York is a must.
Conclusion
The loss of enjoyment of life can be one of the most challenging consequences of a NYC car accident. When a person is unable to engage in the activities he loves, the impact on them and their loved ones can be profound. That is why you are entitled to compensation, provided you can successfully prove your case.
If you’re looking for a New York City auto accident attorney to look into your case, that’s where Gabriel Law can help. We handle car accident cases on a regular basis, and we are committed to helping our clients secure the compensation they deserve. Your path to recovery starts with us—contact us today and schedule your free and confidential consultation.
