Proving Loss of Enjoyment of Life in Personal Injury Cases

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By Yosi Yahoudai
Founder and Managing Partner

In the event of an accident that causes personal injury, it is not uncommon to seek legal compensation through a lawsuit. However, it is important to know that legal protections extend to the emotional impact that the accident may have on your life, including the loss of joy in your daily activities.

If you’ve been in an accident and can no longer participate in activities you used to enjoy, chances are you’re feeling depressed and angry. These feelings may prevent you from attending family gatherings, sports practices, or any other activity you once enjoyed, which may spill over into activities of daily living, such as work.

Although it may be more complicated to prove than physical injury damages, loss of enjoyment of life is a type of loss that can be recovered under terms legally known as “non-economic damages.” Non-economic damages are designed to compensate for any damage that does not represent a monetary or material loss, including emotional and psychological damage caused by an injury.

When proving loss of enjoyment in an activity, you will need to show that you used to participate in certain activities, and that the incident caused you to lose enjoyment, or even the ability, to do them. To support this your lawyer can gather and present evidence that will make your claim stronger. Some of the factors that a court may take into account include the following:

  • The victim’s employment history
  • The age of the victim
  • The victim’s educational level
  • Activities that the victim can no longer perform or no longer enjoy doing
  • The severity of the victim’s injuries
  • Future medical problems the victim faces

Additionally, your attorney can ask your family and friends to testify about how your injury has limited your ability to participate in active activities.

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About the Author
Yosi Yahoudai is a founder and the managing partner of J&Y. His practice is comprised primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.