Our Kansas City Car Accident Lawyer Explains How Loss of Enjoyment of Life Claims Work in Personal Injury Cases
After a car accident, victims often focus on tangible losses like vehicle repairs, lost wages, and medical bills. However, it’s equally important to recognize you may be entitled to compensation for intangible damages as well, such as loss of enjoyment of life. Noneconomic damages like this reflect how the injury impacts a person’s quality of life.
If a car crash has negatively affected your physical and emotional health, consult with the experienced Kansas City car accident lawyers at Foster Wallace. We will help you determine if you are eligible to sue for loss of enjoyment of life as part of your injury claim.
Loss of Enjoyment of Life Defined in Simple Terms
In legal terms, loss of enjoyment of life refers to a person’s reduced ability to participate in and derive pleasure from activities they enjoyed before the car accident. They are unable to enjoy these activities due to physical injuries or emotional damage they suffered from the accident. The activities could be hobbies, career-related, or just a part of their day-to-day life.
This reduced quality of life is a real consequence of the motor vehicle collision. It may be included as part of the recoverable damages victims may seek by filing a lawsuit. Victims may experience diminished fulfillment or happiness because of the emotional, psychological, and social impact of missing out on these activities.
Examples may include the following:
- A runner who can no longer enter marathons due to a leg injury
- A concert pianist who can no longer perform due to a loss of dexterity
- A loving grandparent who can no longer play with the grandkids due to chronic back pain
- A food traveler who loses their sense of taste due to a traumatic brain injury
- An avid bowler who can no longer play in the local league due to a dislocated shoulder
- An amateur theater actor who can’t remember their lines due to PTSD
- A birding enthusiast who can no longer enjoy their hobby due to impaired vision
In this way, loss of enjoyment of life is related to, but separate from pain and suffering or emotional distress. In many cases, plaintiffs may seek restitution from all three as part of their car accident injury case.
Proving You Deserve Compensation for Your Losses
Claiming economic damages can be easier to tabulate because they have an objective value. For example, it costs a specific amount of money to repair or replace your damaged vehicle. The hospital bill from your emergency room visit has a specific dollar amount. By contrast, justifying non-economic damages like loss of enjoyment of life is a more nuanced exercise.
You may have a no-fault insurance policy like Medical Payments (MedPay) and Personal Injury Protection (PIP), but they typically only cover immediate medical services. They do not cover intangible losses. In a personal injury lawsuit, proving you have a claim to loss of enjoyment of life often involves comparing your life before and after the car accident.
The types of evidence you may bring forward may include:
- Testimonials from friends and coworkers who can describe your life before the car accident
- Medical reports outlining how your injuries impact your ability to participate in daily activities
- Rehabilitation records describing your physical therapy treatments and expected prognosis
- Photographic evidence or documentation proving your participation in certain activities before the accident
How to Value Loss of Enjoyment of Life in a Car Accident Claim
To estimate how much your Kansas City car accident case is worth, you must place a monetary value on your loss of enjoyment of life. As discussed above, this is more complex and nuanced than assessing the monetary value of property damage or current lost wages. There is no set formula for calculating loss of enjoyment of life, but the courts will consider several relevant factors.
- To what extent do your injuries impact your ability to engage in the activities you used to enjoy? How severe is your impairment?
- How old are you and what is your fitness level? How much longer could you have reasonably expected to continue participating in this activity?
- Do your injuries affect your career prospects? To what extent, if any, will your potential future earnings be reduced due to your injuries?
- Are your injuries or impairments expected to be permanent? If not, what is the expected recovery period? Will you return to a prior level of ability?
- Will you require ongoing medical care and attention? How will this impact your ability to live and enjoy life independently?
Missouri’s Doctrine of Pure Comparative Negligence
Valuing your loss of enjoyment of life and proving you deserve compensation for it is also subject to how the courts decide who is to blame for causing the accident. In Missouri, even if you are partly at fault, you can still make a claim for damages.
The Missouri Revisor of Statutes Section 537.765 outlines the doctrine of pure comparative fault. It states that “any fault chargeable to the plaintiff shall diminish proportionately the amount awarded as compensatory damages but shall not bar recovery.” Put another way, if you are 10 percent to blame for causing the accident, your settlement will be reduced by 10 percent.
Seeking Fair and Full Recovery With Skilled Legal Representation
Going through the process of a car accident claim can be daunting and confusing, especially when nuanced factors like loss of enjoyment of life are involved. Insurance companies are motivated to reduce their liability and, thus, reduce the amount of money they give out in settlements. Leveling the playing field with strong legal representation improves your chances of a positive outcome.
At Foster Wallace, we represented a client who was injured in a car accident on the I-435 in Kansas City. She was a passenger in the vehicle and was not even listed on the official police report. She needed complex surgery for her back pain. After filing a lawsuit and seeking expert witness depositions, we secured a $1.1 million settlement at mediation for our client. She was thrilled with the result.
