How to Sue for Loss of Life Enjoyment

Key Takeaways

• Loss of life enjoyment is a non-economic damage.
• Most people who recover non-economic damages have severe injuries that cause long-term or permanent disabilities.
• Several factors can lead to loss of enjoyment of life, including the severity of the injury and prior lifestyle.

Experiencing loss of life enjoyment due to an accident or injury can leave you feeling devastated and powerless. The emotional toll of such a situation can be overwhelming, often leading to feelings of despair and isolation if left unaddressed. Failing to seek resolution not only prolongs your suffering but may also prevent you from obtaining the compensation you deserve, further complicating your path to healing.

At Matz Injury Law, we understand your pain and are committed to helping you navigate the legal process. We are here to help whether you reach a settlement or decide to sue for loss of enjoyment of life.

What is Loss of Enjoyment of Life?

Loss of enjoyment of life, sometimes called loss of quality of life, is a non-economic damage often awarded to accident victims who suffer injuries that prevent them from participating in activities they did before the accident. The money from loss of enjoyment of life can compensate for the emotional and physical toll the injuries cause the accident victim.

Whether the court will determine that the injured party has a loss of enjoyment of life claim depends on several factors, including:

• The severity of the injury
• The type of injury
• Your prior lifestyle
• Whether the injury causes long-term or permanent disabilities

What Should I Do if I am Considering a Loss of Enjoyment of Life Lawsuit?

If you believe you may be entitled to recover compensation for loss of enjoyment of life, a personal injury law attorney can help guide you through the process. Most personal injury attorneys, including Matz Injury Law, offer free case evaluations so you can learn more about your rights and the type of compensation you may be able to recover. Steps to take include:

• Gather any medical records or bills you already have on hand. This is not mandatory, but it can help a personal injury lawyer answer some of your questions during an initial consultation.
• Schedule a free case evaluation to ask any questions you may have about your case, medical care, and the compensation you deserve.
• Investigate the accident. Once you retain an accident attorney, the law firm will investigate your case. The attorney looks for evidence to prove negligence and liability. Evidence may include:
  • Photos of your injuries and the accident scene
  • Cell phone records
  • Video of the accident—this may be from dashcams, street cameras, or security cameras from nearby businesses
  • Witness statements
  • Expert testimony from accident scene reconstructionists, medical experts, and any other applicable experts
  • Chemical blood alcohol results
  • Black box data
• File a compensation claim. Your claim can include economic damages, which have a monetary value, and non-economic damages, such as loss of enjoyment of life, which do not have a monetary value. You must file a claim on time or risk the statute of limitations expiring. Most personal injury cases in Michigan have a three-year statute of limitations.
• Negotiate with the insurance company. While settling is preferred, the insurance company may not always offer a fair and reasonable settlement. Additionally, settlements are often limited to the amount and type of damages you can recover. Your attorney will discuss a settlement with you so you can determine whether settling or litigating is preferred for your circumstances.
• Litigate your case. You may decide to go to trial in certain circumstances, including:
  •  When the insurance company refuses a fair and reasonable settlement
  •  When the insurance company does not pay the type of damages you are seeking
  •  When the insurance company does not cover your damages fully
  • When you might recover punitive damages in addition to economic damages and non-economic damages

Is Loss of Enjoyment of Life a Non-Economic Damage?

Yes. Loss of enjoyment of life is a non-economic damage, which means that it does not have a monetary value and is a subjective amount. In other words, you cannot put a price on the loss of quality of life. Courts consider several factors when determining how much an accident victim should receive in non-economic damages, including:

• The type of injury
• The severity of the injury
• The lasting damage from the injury
• Whether the injury will cause long-term or permanent disabilities that may or may not need future medical attention

Can You Sue Specifically for Loss of Enjoyment in Life?

No. You can only recover non-economic damages if you recover economic damages. Without any injuries, you cannot recover compensation for pain and suffering, loss of enjoyment of life, or any other non-economic damage. However, your injuries do not necessarily have to be physical. Accidents can cause psychological and emotional injuries, such as anxiety, depression, and post-traumatic stress disorder.

How Do I Sue for Loss of Life Enjoyment After an Accident in Michigan?

To determine whether you can recover compensation for loss of enjoyment of life, you must take several steps, including:

• Determine eligibility—did another person’s negligence cause injuries?
• Consult an experienced personal injury attorney.
• Gather evidence to prove the at-fault party’s negligence caused your injuries.
• File a claim within the statute of limitations.
• Prepare for negotiations or litigation with insurance companies.

Examples of Accidents That Can Cause Loss of Enjoyment of Life

Many types of incidents can cause loss of enjoyment of life, especially those that cause serious injuries or even catastrophic injuries such as traumatic brain and spinal cord injuries. Some of the accidents that can cause loss of quality of life include:

• Motor vehicle accidents
• Boating accidents
• Workplace accidents
• Medical malpractice
• Slip and fall accidents
• Birth injuries
• Defective products
• Defective medical devices
• Assault and battery
• Dog bites
• Construction accidents
• Environmental hazards

In addition to physical pain, many of these types of accidents can also cause emotional distress and mental health issues, which could lead to loss of enjoyment in life.

Proving Loss of Enjoyment in Life

Once you prove negligence and have a valid claim, you must also prove loss of enjoyment of life. Proving this can be challenging, as it is subjective. However, you can build a strong case in several ways. Your personal injury lawsuit attorney can create a strategy with your help. They may ask for any of the following:

Personal Testimony

You explain how the injury affected your daily life, including your ability to enjoy activities. You may be asked to provide examples of activities you can no longer do, including:

• Spending time with family
• Hobbies
• Your career
• Playing with your children
• Camping, hunting, fishing, and other recreational activities
• Lawn maintenance
• Home maintenance
• Grocery shopping

Testimony from Family and Friends

Your family and close friends can provide valuable insight into your life changes. They can testify about the activities you used to enjoy and changes in your mood or behavior.

Expert Witnesses

Medical professionals can explain how your specific injuries can affect a person’s ability to perform certain activities. These not only include physical therapists and doctors but also psychological professionals.

Documentation

Documenting your case is essential to recovering the compensation you deserve. Keep a journal of your daily activities, experiences, challenges, and limitations.

You can also include photos or videos of your life before and after the injury. While loss of enjoyment of life is subjective, you can measure some aspects objectively. For example, suppose you can no longer take your family hiking or participate in a sport. In that case, you can show previous videos, photos, and other proof of your involvement, such as receipts for gear, entry fees, rosters, competition results, etc.

What Are Common Challenges Faced When Suing for Loss of Enjoyment of Life?

Regardless of your situation, the insurance company will always challenge your claim. Some of the challenges an experienced personal injury attorney can help you overcome include:

• Skepticism: Jurors and insurance adjusters are often skeptical of claims that may seem less tangible than economic losses or physical injuries.
• Caps on non–economic damages: Michigan laws limit how much compensation you can recover for economic damages, including loss of enjoyment of life, for certain personal injury claims.
• Subjectivity: Because non-economic damages are subjective, they can be hard to prove in court, especially something like loss of enjoyment of life.
• Difficulty in separation: It can sometimes be challenging to distinguish loss of enjoyment from pain and suffering and other non-economic damages, which could lead to arguments about double recovery.
• Pre-existing conditions: It will be more difficult to recover compensation if pre-existing conditions already limit your enjoyment of life. In these cases, documentation is even more important.

Do I Need an Attorney to Pursue a Loss of Enjoyment of Life Claim?

Yes, you should always retain an experienced personal injury lawyer when pursuing a personal injury claim involving the loss of enjoyment of life. A lawyer can provide legal advice, help collect evidence, and advocate for you in personal injury cases so you receive the compensation you deserve.

Why Clients Choose Matz Injury Law

After an accident caused by someone else’s negligence, you may suffer injuries severe enough to affect your life. An experienced personal injury attorney can help you recover the compensation you deserve.

Testimonials

“Steve was very helpful, answered any questions I may have had , and took care to get things done. I’d recommend him absolutely.” – Cindy

“I come from a family of lawyers and Steve Matz was recommended to me by family members. He is a very skillful and talented attorney, and a true professional. He kept me apprised of every step along the path of my case, taking it to a very successful resolution. His reduced fee saved me considerable money, and I’m deeply grateful for his kindness and consideration throughout the entire process. You never want to need an attorney, but if I ever needed one again, I wouldn’t hesitate to call on Steve.” – F.V.

“Steve Matz is very knowledgeable. When working with me, he explained clearly what information is needed, what to expect and helped me prepare. He puts you at ease and helps you in making decisions of what needs to be done. I strongly recommend him as your attorney. He is a pleasure to work with.” – Susan

Get Legal Support After a Severe Injury

Accident victims should only have to worry about their physical recovery after an accident. They should not have to worry about fighting the insurance company to recover all of the compensation they deserve. You deserve to collect compensation for your injuries and losses, and our law firm can help. Call 866-226-6833 today to schedule your free consultation, or fill out our online contact form.