When you suffer injuries in a car accident, one of the first discussions you will have with your car accident attorney will be about the losses you have endured since the accident. This is when you will first hear the term “loss of enjoyment”. While this loss can be one of the more difficult ones to prove, it is often a part of a car accident victim’s non-economic damages.
Most attorneys will use the words “loss of enjoyment” when referring to your loss of enjoyment of life or activities since your car accident. For example, you may be unable to participate in the same hobbies, gardening, exercises, sports, or social events that you once did before the accident. This means that you have a loss of enjoyment, which is certainly a loss that you can claim in your car accident claim.
But taking part in activities is not the only loss you can sustain. The most severe injuries can lead victims to suicidal ideation. Chronic pain and serious illnesses can leave victims feeling truly hopeless. The inability to hug one’s children, the lack of intimacy between spouses, or the loss of freedom to take a walk or run an errand: all of this can lead to a diminished quality of life.
What types of injuries can cause loss of enjoyment?
There are many different types of injuries that can affect your loss of enjoyment in life and activities. Most of the time, catastrophic injuries are the culprit for this loss, but any type of injury that causes pain and suffering can alter your enjoyment in life, activities, hobbies, and more. Here are some of the most common injuries that cause individuals to have loss of enjoyment:
- Traumatic brain injuries: When you have a traumatic brain injury, you often suffer from intense headaches, nausea and vomiting, and seizures. In addition, you may find it difficult to balance, remember certain things, or use the same problem-solving skills that you once had.
- Soft tissue injuries: If any of your muscles, tendons, or ligaments are injured or damaged, you most likely suffer from a soft tissue injury. These may seem like minor injuries, but the truth is that you can find yourself aching throughout the day from doing small tasks that you once enjoyed.
- Spinal cord injuries: Spinal cord injuries are some of the most traumatic there are. Paralysis/loss of function can make even minor tasks a challenge; in severe cases, a victim may require around-the-clock care. Imagine how it would feel to suddenly be entirely dependent on another person again, after years of being self-sufficient.
- Severe disfigurement and scarring: It is not uncommon for car accidents to lead to severe disfigurement and scarring. This is not only extremely painful, but it can also affect your confidence. When you are out in public, you may be wondering if people are staring at your visible scars or disfigurements. In addition, if your scarring is very bad over your joints, it can affect your mobility.
- Amputations: If you lose a leg, arm, or even a finger in a car accident, you will likely notice significant life changes following the accident. You may be unable to perform certain daily functions or require assistance doing basic tasks. Many amputees also live with phantom limb pain, a condition which is poorly understood, and for which treatments are largely ineffective.
- Chronic pain: Chronic pain takes its toll on people emotionally, psychologically, and physically. An injury doesn’t need to be categorized as “catastrophic” to cause permanent pain; whiplash and pinched nerves often lead to chronic pain. So, too, can damage the joints that has been fixed or healed.
The one thing all these physical injuries have in common is that they affect a person’s mental well-being, too. For example, say Driver A is hit head-on by Driver B. Both drivers survive, but Driver A’s passenger does not. Even though Driver B caused the accident, Driver A is likely to suffer long-term psychological trauma as a result of this crash. Survivor guilt is a real condition (and often associated with post-traumatic stress) which can easily lead to a loss of enjoyment of life.
How to prove loss of enjoyment in damages for a car accident case in Little Rock, AK
When you are creating a list of the losses you suffer from your car accident, you will most likely list economic and non-economic losses. Both are equally important and must be mentioned to get the fair amount of compensation that you deserve. Loss of enjoyment will go under the non-economic losses with pain, mental trauma, humiliation, loss of companionship, and more.
In order to prove that you have loss of enjoyment, you will want a skilled Little Rock, AK lawyer by your side who knows how to provide evidence showing how your injuries have negatively impacted your enjoyment of life and other daily activities. Your attorney will need to prove what type of activities, events, and daily routines that you enjoyed participating in are now lost.
One of the most beneficial ways to prove that you have loss of enjoyment is by witness testimonies. Your spouse, friend, caregiver, or family member can give a statement, show photos or videos, and explain the activities that you no longer have the ability to enjoy since your car accident. An expert witness, such as a doctor, nurse, or psychologist, can also provide a professional statement about how your injuries have kept you from doing certain things. We may also be able to use your time in therapy or counseling as proof of your loss of enjoyment of life.
If you or a loved one experience loss of enjoyment as a result of a car accident, you may be eligible to file a lawsuit and receive compensation for your losses. An experienced and knowledgeable Little Rock, AK car accident attorney from Bailey & Greer, PLLC will provide you with exceptional legal advice, guide you through the complex legal process, and ensure that your questions and concerns are always answered. Please fill out our contact form to schedule your initial case evaluation.
At Bailey & Greer, PLLC we do everything in our power to assuage those fears, and to help our clients find resolutions to their problems. Our Little Rock based law firm offers a wide variety of legal services to individuals and families throughout Arkansas. When you are hurt, you can trust the injury attorneys of Bailey & Greer.