What is Loss of Enjoyment of Life, and How is it Calculated in Virginia?

Being injured in an accident caused by someone else’s negligence is frustrating. In a second, your life may change. You may be left with serious injuries, incur high medical bills, and not be able to return to work now or in the future. If another person was entirely at fault for your injuries, you can file a claim against them to pursue compensation. Through a personal injury claim, you can pursue many different types of damages, including loss of enjoyment of life.

Loss of enjoyment in personal injury cases refers to when the injuries incurred in an accident prevent victims from enjoying the activities they did before they became hurt. Loss of enjoyment of life damages are intangible, and so, they are not as easy to calculate as medical expenses, lost income, and other economic damages. Below, one of our Virginia personal injury lawyers explains more about these types of damages.

What is the loss of enjoyment of life?

In Virginia, loss of enjoyment of life falls into the category of non-economic damages, meaning it does not have a fixed dollar value. Damages for loss of enjoyment of life are meant to compensate accident victims when they cannot participate in daily activities, hobbies, and other pleasures they previously enjoyed.

Common examples of loss of enjoyment in personal injury cases include:

• Working in a certain industry or occupation
• Performing daily tasks, such as cooking and cleaning, without assistance
• Playing sports or participating in other physical activities
• Attending workshops, classes, and conferences, or pursuing other educational opportunities
• Enjoying hobbies such as camping or painting
• Socializing with friends and loved ones

How to prove loss of enjoyment of life

It is possible to sue for loss of enjoyment of life in Virginia. In Virginia, loss of enjoyment of life is generally considered part of broader non-economic damages, including pain and suffering, inconvenience, and emotional distress.

Suing for loss of enjoyment of life successfully requires you to prove negligence. To do this, you must prove certain elements of your case. You must show that the defendant, or negligent party, owed a duty of care to keep you reasonably safe. You must then show that the defendant acted negligently and caused an accident. You must also show that you suffered injuries as a direct result of the accident.

Evidence to use in your case

Proving loss of enjoyment of life requires you to show that you cannot enjoy sports, work, socializing, and other activities you loved before your accident.

A journal can detail your progress during recovery and the level of pain you experienced. A journal is very important when proving non-economic damages such as loss of enjoyment of life.

Pictures and videos of you trying to perform simple tasks, such as getting into bed, can clearly show the limitations you now face due to your injuries.

Medical documentation is always of critical importance in any personal injury claim. Your medical records can show the severity of your injuries and link them to the accident that caused them.

Expert testimony is also strong evidence that can prove loss of enjoyment of life. When working with a personal injury lawyer, they will have a network of experts who can testify in your case. Your own doctors may testify about the severity of your injuries. A vocational expert can testify regarding your inability to return to work, and a therapist or psychiatrist can testify about any anxiety, depression, or post-traumatic stress disorder (PTSD) you have suffered due to your injuries.

Testimony from your family and friends can also prove a change in your demeanor, and that you are not as socially active as you were before the accident. Your employer or colleagues may also testify about changes in your personality or work performance.

How to calculate loss of enjoyment of life damages

Insurance companies and attorneys may use different methods, including the multiplier method, as rough settlement tools. However, Virginia courts do not use a required formula for non-economic damages. Ultimately, the value is based on evidence and what the judge or jury believes is fair compensation for the harm suffered by the injured person.

The multiplier method calculates the total economic damages by a number between one and five. The more severe the injury, the higher the multiplier number.

Another approach that may arise in settlements, although not relied on by Virginia courts, is the per diem method. This approach assigns a monetary value to one day of losses you incurred. That value is then multiplied by the number of days you have experienced, or are expected to experience, loss of enjoyment of life. If you have suffered a catastrophic injury, the number used could be your life expectancy.

Important factors that influence the loss of enjoyment of life damages

There are many factors that may affect the amount of loss of enjoyment of life damages in your case. These include:

• Severity of the injury: The more severe an injury is, the greater impact it will have on your enjoyment of life. A permanent injury, for example, can result in higher damages for loss of enjoyment of life.
• Impact on lifestyle: You may be able to recover more if the loss of enjoyment had a greater impact on your life.
• Contributory negligence: As a pure contributory negligence state, you are generally barred from obtaining compensation if you were even one percent at fault for your injuries.
• The statute of limitations: To claim damages, you must file your lawsuit within two years from the date of injury, in most cases.

Our personal injury lawyers in Virginia can accurately value your claim

When filing a claim for compensation, it is critical that you account for all of your injuries and losses. At Phelan Petty Injury Lawyers, our Virginia personal injury lawyers can review the facts of your case, accurately value your loss of enjoyment of life and other losses, and protect your best interests at all times. Call us now or contact us online to schedule a consultation and to get the sound advice you need.