PERSONAL INJURY – LOSS OF ENJOYMENT
(a/k/a Hedonic Damages)
An Element of Damage in a personal injury case-Loss of Enjoyment – Damages claimed based on alleged detrimental alterations of a person’s life or lifestyle or a person’s inability to participate in the activities or pleasures of life that were formerly enjoyed. (Also known as hedonic damages.) http://www.duhaime.org/LegalDictionary/L/LossofEnjoymentofLife.aspx
These loss of enjoyment damages are the intangible impact an injury has on your life. It’s easy for courts to evaluate and measure many of the effects in an injury claim (lost earning capacity, medical bills, lost wages, etc.). But other damages (like pain and suffering) are based on subjective testimony. Loss of enjoyment (a/k/a hedonic damages) falls into the category of pain and suffering as well. Some times without clear proof, it is difficult to win this portion of your claim. Anyone would agree that there is more to life than just earning a living and bringing home a paycheck. Hopefully our lives are worth more than just some figures on a piece of paper.
In order to prove something like “loss of enjoyment,” an injured party will have to support the claim with evidence of what they can no longer do and enjoy life as they once did before their injuries. These damages usually have to be proven with the help of an economic expert. The goal of expert testimony is to educate the jury how the values are determined. The economist will allow the jury to be able to extend damages to the value of life beyond earning a living. (The younger the victim is, the more damages they’re likely to get, since the loss will be felt over a longer period of time.)
So before you decide to just “settle” your claim with a very eager insurance adjuster that has your best interest in mind (not), you should probably contact a personal injury attorney at least for an opinion on the matter.
We at Ron Kim Law have had over 30 years of experience in dealing with loss of enjoyment. Feel free to submit your request for a free consultation regarding this matter.
