In New York, if you have suffered an injury due to someone else’s negligence, you are legally entitled to file a claim to seek monetary compensation for your economic and non-economic damages. When you seek compensation, you are asking to be reimbursed for a variety of losses stemming from the accident and your injuries. In a personal injury lawsuit, economic damages represent your out-of-pocket financial losses related to the accident. This also includes future anticipated losses. Essentially, economic damages are calculable losses such as past and future medical bills, property damage, and lost wages. Non-economic damages on the other hand are not calculable losses. They represent subjective losses related to the accident such as pain and suffering, mental anguish, inconvenience, and loss of enjoyment of life. With that being said, many people wonder what exactly is loss of enjoyment of life is in a personal injury lawsuit. Keep reading to learn what loss of enjoyment of life represents and contact a determined New York City Personal Injury Attorney who can help you navigate your legal options.
What is loss of enjoyment of life?
As mentioned above, loss of enjoyment of life is classified as non-economic damage. Therefore, it is a subjective loss that is not quantifiable. When it comes to a personal injury lawsuit, the concept of loss of enjoyment of life refers to the lasting impact the injuries have taken on the victim’s quality of life. This legal term applies in a personal injury case if the victim has suffered a physical or mental injury that has affected their ability to perform a given activity that they enjoyed before their injuries. This includes performing different hobbies, social activities, and recreational activities.
When the court calculates an amount for a victim’s loss of enjoyment of life they will consider several factors. They will consider the age of the victim, the severity of the injuries, the future complications of the injury, and the nature of the activity that has been lost. As with any other type of injury-related claim, victims are required to fulfill the burden of proof. Essentially, they must prove that the other party’s negligence directly caused their injuries. Proving damages related to loss of enjoyment of life can be challenging. However, typically, the court will hear the victim’s testimony and other witnesses that are close to the plaintiff’s testimonies such as a spouse, family member, or close friend.
Is there a cap on non-economic damages?
In some states, there is a cap on the amount a victim can recover for their non-economic damages which include loss of enjoyment of life. However, New York does not have a limit on the amount of damages a victim can recover in a personal injury lawsuit. This means negligent parties can be sued for any amount of damage. Victims may be entitled to significant compensation for their economic and non-economic damages.
If you are someone who has suffered an injury due to someone else’s negligence, please contact an experienced New York City personal injury attorney. Our firm can help you understand your legal options. We will work tirelessly to help you achieve the best possible outcome. Allow our firm to represent your interests today!