Home 9 Personal Injury 9 How to Calculate Loss of Enjoyment of Living

How to Calculate Loss of Enjoyment of Living

In the immediate aftermath of an injury-causing accident, there are a number of obvious concerns. The physical pain from the injury itself is often the primary concern in the beginning. Soon, however, the mounting medical bills can create an overwhelming amount of stress. Coupled with the fact that injuries can lead to disabilities that prevent you from working, the financial costs of your injury start to become frighteningly clear. This is often the main reason people seek financial compensation for their accident-related injuries.

However, injury victims also suffer repercussions that might be less obvious to outside observers. This can include the ways in which the physical and psychological pain and suffering interfere with just about every aspect of your life. When you’ve been injured through no fault of your own, you have the right to be compensated for these effects of an accident as well. An experienced Lake Charles personal injury attorney can help you file a claim for loss of enjoyment of living to get the money you deserve.

What Is Loss of Enjoyment of Living?

Personal injury lawyers use the phrase “loss of enjoyment of living” to refer to a diminished sense of pleasure or satisfaction from your daily activities, experiences, or hobbies due to the accident-related injuries you have suffered.

For example, if you have suffered a permanent disability in a car accident in Lake Charles caused by someone else, you may no longer be able to work, perform tasks around the home, play the sports that you used to enjoy, or spend quality time with your family. This may qualify you for financial compensation for lost enjoyment of living.

How to Calculate This Loss

Unlike medical expenses or lost wages, loss of enjoyment of living is considered a non-economic loss. This means that you do not have the objective evidence of a numerical amount of money to rely on. As such, it will be necessary for your attorney, an insurance company, a judge, or a jury to conduct an analysis of factors that are unique to you and your own circumstances in order to calculate a fair amount to compensate you for your loss of enjoyment of life.

Factors to be considered include the following:

The seriousness of your injuries
The short- and long-term impact of your injuries
Whether you have permanent disabilities, disfigurement, or scarring
The nature of the activities you are now unable to enjoy
Your current age and overall health
Your work history and educational background
Where you live

Compensation for loss of enjoyment of living falls under the category of “pain and suffering.” In the state of Louisiana, pain and suffering may be calculated by one of several different methods to determine fair compensation. These methods include:

Multiplier method – This method adds up the financial losses from your accident and multiplies that total by a rate, which is usually between 1 and 5. Generally, the more severe your injuries are, the higher the multiplier will be.
Daily rate method – The daily rate method is also called the “per diem” method. This method involves determining either your daily cost of living or your daily earnings, then multiplying that value by the number of days your life has been affected by the accident. This is the most popular way of calculating pain in Louisiana.
Jurisprudential method – With this method, the amount of non-economic damages is determined by similar previous cases.

An experienced Louisiana personal injury lawyer can help you determine which method will be used in your claim. The guidance of a skilled attorney can help you secure a much higher settlement or award than you might have had a chance of receiving without one.

How to Prove Loss of Enjoyment of Living

Being eligible for compensation for lost enjoyment of life requires proving that you are no longer able to engage in or take pleasure in activities that you were able to do before you were injured. There are several ways to demonstrate this, including:

Using medical records to show the severity of your injury, scars, or disability
Getting medical records from a psychologist or psychiatrist with whom you have discussed your feelings
Receiving a medical diagnosis for depression, anxiety, or post-traumatic stress disorder
Maintaining an injury journal in which you keep track of the accident’s negative effects on your life
Statements from family and friends about changes in your contentment or enthusiasm since your injury
Testifying about your personal experience
Testimony from doctors or mental health experts who can speak on your behalf