When damages are calculated in a personal injury case, most people think only of medical expenses, the cost of taking time off work to recover, and other financial losses. However, noneconomic damages are just as important. Including loss of enjoyment of life ensures that the negligent party takes full responsibility for all of the repercussions of the accident and the victim can be compensated for all of the ways they have been and will be impacted. Continue reading to learn how loss of enjoyment of life is calculated and consult with a Pikeville, KY personal injury lawyer to obtain skilled representation.
What is Loss of Enjoyment of Life?
Loss of enjoyment of life is a type of noneconomic damage that can be compensated during a personal injury claim or lawsuit. Depending on the extent and type of injury a victim sustained, they may lose the ability to participate in activities that previously brought them joy and fulfillment. This loss of enjoyment could be temporary or permanent. Some examples include the following.
- A father no longer being able to play with his children
- A musician no longer being able to play their instrument
- A woman who wanted to have kids being unable to get pregnant
- A person no longer being able to travel
- Someone who loved painting being unable to hold a paintbrush
- Someone being unable to cook dinner
Depending on the victim’s age and the type of injury they sustained, they may lose one or more of the above abilities which can take a significant toll on their mental and physical health.
How is Loss of Enjoyment of Life Calculated?
There are generally two ways that you can calculate loss of enjoyment of life. You and your lawyer can use these tools or the insurance company or jury may make the calculations. Whether you are seeking compensation through an insurance claim or personal injury lawsuit, the following may be used to estimate the value of your noneconomic damages, including loss of enjoyment.
1. The multiplier method
The first step in the multiplier method is adding up your total economic damages. These are your losses that have an obvious monetary value like medical expenses, loss of income, and property damage. After adding everything up, decide how much the accident has impacted you on a scale from 1 to 5, with 5 being the most drastic.
Multiply your total economic damages by the number you have selected and add that number to the total economic damages to get the estimate of your settlement including both economic and noneconomic losses.
2. Per diem
Insurance companies may use a “per diem” method instead. The per diem (translated to “by the day”) method involves determining a monetary value for one day of your losses. The amount will be calculated based on the severity of your injuries, duration of your recovery, the impact it has had on your quality of life, similar cases, and more.
After assigning a monetary value to one single day, that number will be multiplied by the estimated amount of days you are impacted for.
