When you are involved in an accident and sustain injuries, your life can be impacted in a variety of ways, both expected and unexpected. One aspect of life that you may not immediately consider being affected by an injury is the ability to participate in hobbies and activities that you love. This loss of enjoyment of life can have a detrimental effect on your quality of life and mental health. To learn more about this loss and whether you can be compensated, continue reading and work with an experienced New Jersey injury lawyer for skilled advice and representation.
What is Loss of Enjoyment of Life?
Loss of enjoyment of life is a term used in personal injury law to describe the adverse effects of no longer being able to participate in activities and hobbies that used to or would have brought you joy and fulfillment.
For example, if you have a passion for hiking and camping but sustained an injury that prevents you from doing so for the foreseeable future, the emotional and mental toll of no longer being able to do what you love is considered a loss of enjoyment of life. This can apply to many scenarios, including the following.
- Inability to play sports
- Difficulty performing basic daily tasks and functions
- Loss of sexual function
- Inability to care for children
- Inability to play instruments or participate in other hobbies
- Reduced ability to travel
When an injury robs you of an activity that brings you joy, it is considered a loss of enjoyment of life. Depending on the circumstances of how your injury occurred, you may be able to recover damages for this loss.
Can I Recover Compensation for Loss of Enjoyment of Life?
Yes, in New Jersey, you can recover compensation for loss of enjoyment of life, whether in an insurance claim or personal injury lawsuit. In a personal injury case, the plaintiff is generally entitled to a variety of economic and non-economic damages related to the injury, given that they can prove that the defendant is responsible for the accident. This is typically done by proving negligence. Negligence can be established by providing evidence of the following factors.
- The defendant owed the victim a duty of care,
- The defendant breached the duty of care by acting negligently,
- The breach of duty caused the accident, and
- The victim sustained damages as a result of the accident
If you can prove the above, you can recover compensation for a variety of losses, including medical expenses, the cost to repair property damage, lost wages, emotional distress, physical pain and suffering, future medical expenses, and the loss of enjoyment of life.
To learn more about your legal rights and options after being involved in an accident, consult with a knowledgeable attorney at Laddey Clark & Ryan, LLP today.
