Walking After Dark: The Rights of Pedestrians in Nighttime Car Accidents
Posted in: Legal Blog
KNR Legal Blog
While no one expects to be hurt in a car crash or any act of negligence, people tend to forget how injuries can affect virtually every aspect of life. A severe back injury can limit how you play with your kids. A traumatic brain injury can keep you from activities you once enjoyed and diminish your life experience.
Fortunately, Ohio law allows injury victims to seek compensation for their injuries’ negative impact on their life. This is referred to as “Loss of Enjoyment of Life,” and it’s one of the damages you can recover with proper evidence and legal assistance.
Loss of enjoyment of life is a non-economic damage that compensates the victim for the reduction in the quality of their life. It refers to the inability to engage in previously enjoyable activities. It can also refer to losing intimacy, family relationships, or social interactions.
Loss of enjoyment of life is different from other damages like medical expenses, lost wages, or property damage. It is subjective and varies from person to person. A young athlete who sustained a knee injury may suffer a more significant loss of enjoyment of life than an elderly individual with the same injury.
Any number of injuries can diminish someone’s enjoyment of life, and the severity of an injury can vary broadly. Common injuries that can have a significant negative impact on a person’s quality of life include:
These injuries can cause paralysis, limited mobility, bladder and bowel issues, sexual dysfunction, and other impairments that can significantly reduce the ability to participate in everyday activities.
From cognitive impairment to memory loss and depression, a TBI can limit or end career opportunities and significantly impact a person’s ability to enjoy life.
Losing a limb can be a traumatic experience that can severely limit a person’s ability to participate in activities as they did before the accident.
Injuries that cause chronic pain can negatively impact a person’s quality of life, making it difficult to enjoy basic activities like walking or sleeping.
Being involved in a traumatic event can cause emotional scars that can impact a person’s ability to move on with life. For example, a person may develop post-traumatic stress disorder (PTSD) after a car accident, which can significantly reduce their quality of life.
Injuries that cause disfigurement can be emotionally devastating, making it difficult for a person to engage in social activities and leading to feelings of self-consciousness and low self-esteem.
Injuries to internal organs can be life-threatening and lead to chronic health problems that can be both painful and stressful, significantly reducing a person’s quality of life.
It’s important to note that the impact of an injury on a person’s quality of life will depend on several factors. This includes the severity of the injury and the person’s age and overall health.
Examples of loss of enjoyment of life after an accident include:
These can lead to a significant loss of independence, a reduced sense of self-worth, and feelings of frustration, helplessness, and insecurity.
Loss of enjoyment of life is a non-economic damage designed to compensate injury victims for the negative impact on their quality of life.
Usually secured through a personal injury lawsuit or insurance settlement, the recovered for loss of enjoyment of life is to provide financial support for the emotional and psychological harm caused by an accident. The goal is to restore some of the victim’s quality of life and help them recover from the negative impact of their injuries.
To prove loss of enjoyment of life as part of an insurance claim or lawsuit, a victim must demonstrate how their injuries have affected their ability to participate in activities they once enjoyed. This can be done through compelling evidence that shows the extent of your injuries and the effect on your daily life.
One of the most common ways to prove a reduced quality of life is through medical documentation that details your injuries. These records can describe the gravity of your physical injuries, the treatments you have undergone, and the opinions of medical professionals regarding your symptoms and prognosis.
Injury victims can also present testimony from themselves and loved ones about their lost enjoyment of life. This can demonstrate how their injuries harmed their relationships and ability to participate in activities. For example, a victim’s spouse may testify that the victim can no longer assist with household chores or participate in family outings.
In some cases, a victim may present evidence of their pre-accident lifestyle to help establish the victim’s quality of life before the accident compared to their post-accident experience.
Another way to demonstrate the negative effect of an injury on your life is to present evidence of your emotional state. This can include evidence of depression, anxiety, or other mental health conditions that developed because of the accident.
In some cases, an injury victim may need to undergo an independent medical or psychological exam to provide an unbiased evaluation of their injuries and their impact on life. As an objective assessment, this can be compelling evidence in a case for compensation for a loss of enjoyment of life.
Like objective medical opinions, expert witnesses may sometimes be called to testify about how serious injuries change the victim’s quality of life. For example, an occupational therapist may testify about your range of motion after an accident and your ability to perform daily tasks or participate in recreational activities.
Proving loss of enjoyment of life after an accident in Ohio requires a deep understanding of personal injury laws, investigation of medical records and injuries, and legal procedures. Working with a qualified and experienced personal injury attorney is crucial. They can effectively investigate accidents, including working with medical experts, accident reconstruction specialists, and other professionals to build a strong case.
Finally, an attorney is best equipped to negotiate for a full and fair settlement or aggressively make your case in court if required. Additionally, personal injury attorneys provide emotional support and guidance throughout the legal process, helping their clients cope with the stress and uncertainty of pursuing compensation for a reduced enjoyment of life.
At KNR, our Ohio personal injury lawyers have an extensive history and impressive record of securing compensation and justice for all the ways your life’s been negatively impacted by an act of negligence. Let our team review your case, discuss how your injuries diminished the quality of your life, and guide you toward a result that lets you move on.
Call 1-800-HURT-NOW for a free consultation, and there are no fees unless you recover compensation.