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Loss of Enjoyment of Life Compensation in New York

Seth Harris

Last modified on October 6, 2023

Loss of Enjoyment of Life Compensation in New York

New Yorkers who sustain injuries due to the actions or negligence of others can file personal injury claims for compensation. These claims can cover all the different losses resulting from an accident. You might already be feeling some stress over medical bills that are piling up as you get treatment for your injuries. If you can’t work, you might be starting to panic over how you’ll meet your regular household bills without a paycheck. All those worries and your injuries can result in a serious loss of enjoyment of life for which you may be entitled to compensation.

A personal injury claim or lawsuit can pursue money to cover those medical bills and lost wages, but the compensation probably won’t stop there. You could be compensated for intangible losses, as well. Those losses include pain and suffering, anxiety, depression, and loss of enjoyment of life.

An NYC personal injury lawyer at Harris, Keenan & Goldfarb can review your case and discuss the compensation you might be owed. Because the process of seeking compensation is complex, you need a lawyer. Call for a free case evaluation today.

What Is Loss of Enjoyment of Life in an NYC Personal Injury Case?

Loss of enjoyment of life occurs when an injured party cannot enjoy activities that were important to them pre-injury. An injured party might seek loss of enjoyment of life compensation if their injuries prevent them from enjoying:

  • Hobbies
  • Work/professional development and growth
  • Travel
  • Education
  • Creative pursuits
  • Family and/or social activities
  • Sports and recreational activities

Quantifying loss of enjoyment of life can be complex because it is different from one person to another. If an injury impacts your quality of life substantially, you may be eligible for compensation for loss of enjoyment of life.

Types of Injuries and Accidents That Can Cause Loss of Enjoyment of Life

Loss of enjoyment of life may result from catastrophic injuries. Examples of accidents and injuries that might cause loss of enjoyment of life include:

That list isn’t exhaustive. You may be eligible for compensation for loss of enjoyment of life even if your injury is not on this list.

Can You Sue Someone for Loss of Enjoyment of Life in NYC?

Yes. An injured party in New York can seek compensation from the party who caused their harm by filing a personal injury claim or lawsuit. Obtaining compensation for loss of enjoyment of life can be part of your claim. However, proving you deserve that compensation may be difficult if you lack experience demonstrating to an insurance company or court that your losses occurred due to the accident.

The cause of your injuries can influence your right to seek compensation for loss of enjoyment of life. For example, perhaps you sustained injuries in a car accident.

New York is a no-fault car accident state. New Yorkers who register a vehicle must buy Personal Injury Protection (PIP) coverage. After an auto wreck, a New York driver may seek compensation by filing a claim with their own insurance.

PIP coverage typically doesn’t extend to loss of enjoyment of life. However, an injured party in New York may have the right to sue a negligent driver who caused the wreck. In New York, you can pursue compensation for this loss if you have exhausted your PIP coverage or sustained an injury the law recognizes as “serious.” An injured party could sue for loss of enjoyment of life after a car accident if they meet the criteria.

A workplace accident is another unique scenario to consider. If you sustain work-related injuries in New York, you may submit a claim for workers’ compensation benefits.

Workers’ compensation benefits in New York include:

  • Health care
  • Lost wages
  • Survivor benefits

Workers’ comp in New York doesn’t offer loss of enjoyment of life compensation. However, if a negligent party other than the worker’s employer caused the injury, they file a third-party claim or lawsuit. In a claim or lawsuit, the injured worker could pursue money for their loss of enjoyment of life.

Such examples highlight the potential complexity of cases of loss of enjoyment of life. If you have questions about your right to seek compensation for loss of enjoyment of life, an NYC personal injury lawyer can help.

How to Calculate Loss of Enjoyment of Life Compensation in a NYC Personal Injury Claim

Loss of Enjoyment of Life Compensation in New YorkCalculating loss of enjoyment of life compensation requires accounting for numerous factors. Examples of factors that may influence loss of enjoyment of life compensation include:

  • The age of the injured party
  • The severity of a victim’s injuries
  • A comparison of an injured party’s quality of life before and after their accident
  • The type of activities a victim’s injuries prevent them from participating in

A personal injury lawyer can negotiate with an insurance company to obtain a settlement that accounts for an appropriate amount of money for their client’s loss of enjoyment of life. If you go to trial, a jury may receive instructions regarding awarding loss of enjoyment of life damages.

Proving Loss of Enjoyment of Life in NYC

The ideal way to prove that someone experienced a loss of enjoyment of life can vary on a case-by-case basis. Potential forms of evidence include:

Sometimes, analyzing an injured party’s quality of life is necessary before and after an accident. An analysis with multiple pieces of documentation can help show why an injured person is eligible for this type of compensation.

Get Legal Help Today

At Harris, Keenan & Goldfarb, an NYC personal injury lawyer, is on hand to answer any questions you may have about this topic and your case. If you’re eligible for compensation for loss of enjoyment of life, we can help you pursue it. Get started by calling us today at 1-800-PAIN-LAW or contacting us online for a free case review.

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Over $500 Million in Verdicts and Settlements

Our track record showcases over $500 million won for our clients. Each victory underlines our commitment to justice and client care. Explore our impact, case by case.

VERDICT

$17,500,000

A Brooklyn jury awarded Mr. Vargas $17.5 million for the City of New York’s violation of his civil rights for failing to provide him medical care while in custody. The jury found that the police officers involved failed to provide the necessary medical treatment and awarded $17.5 million to Mr. Vargas.

VERDICT

$4,730,398

Harris Keenan & Goldfarb partners Seth Harris and Sheri Holland obtained a $4,730,398.00 jury verdict on behalf of our client who tripped and fell at a private apartment building in the Bronx, suffering a broken foot that developed a very painful, permanent neurological condition called Reflex Sympathetic Dystrophy (“RSD”).

VERDICT

$12,561,772

A Bronx jury awarded John Doe over $12 million for an accident on a construction site. John Doe was working when a piece of scaffold weighing 35 pounds fell, striking John Doe in the lower back. John Doe suffered a herniated disc requiring surgical removal of a portion of the disc and permanent nerve damage.

VERDICT

$10,500,000

A Bronx jury awarded $10.5 million to the mother of Malcolm Ferguson, who was wrongfully shot and killed by the New York City Police Department. The police officer, Louis Rivera, also a defendant in the case, was found to have used excessive force in violation of Malcolm Ferguson’s civil rights as protected under the United States Constitution.

VERDICT

$4,000,000

A Bronx jury awarded plaintiff William Cardoza $4 million for injuries caused by the use of excessive force during an arrest. During the arrest, Mr. Cardoza was pepper-sprayed and repeatedly hit with a police nightstick. As a result, Mr. Cardoza sustained injuries to his hand and finger.

VERDICT

$3,470,670

The firm’s client, a 33-year-old teacher’s assistant, was scalded by an espresso machine that exploded while the defendant’s employee was demonstrating how the machine worked. The client was a customer at the defendant’s coffee shop on the date of the accident and suffered first-degree burns to her right (dominant) hand.

VERDICT

$4,000,000

The firm represented the mother- decedent and her infant son. During the decedent’s admission to the defendant hospital, the defendant dispensed anesthesia during an epidural to the decedent in an inadequate manner. The mother-decedent suffered personal injuries and wrongful death due to the defendant’s failure to properly administer epidural anesthesia.

VERDICT

$3,823,000

Mr.Brennan fell from approximately 25 feet while working on a construction project. He suffered a shattered bone in his right leg requiring surgery and hardware placement. Mr. Brennan also suffered two fractures in his facial bones, and a dislocated finger requiring surgical repair.

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$2,750,000

The firm’s client was a child with cerebral palsy who was injured as a result of medical malpractice. The firm’s clients claimed improper management of pregnancy, labor, and delivery resulting in brain damage, and received a Brooklyn personal injury settlement.

VERDICT

$1,677,835

The firm’s client, a 63-year-old mentally incompetent man, slipped and fell in his own urine while attempting to walk to the bathroom at the defendant’s senior citizen home. The client fractured his hip and as a result is confined to a wheelchair for the rest of his life. The client claimed that the staff of the home failed to properly care for him, and the jury awarded $1,677,835.

VERDICT

$2,995,000

The firm’s client, a 47-year-old male, slipped and fell on a public sidewalk in the Bronx. It had snowed four to five days prior to the date of the accident, and the sidewalk was covered with ice. The client suffered a lumbar fracture and a herniated disc. The jury found the city liable and awarded the client a $2,995,000 personal injury settlement in the Bronx.

VERDICT

$2,610,000

A Bronx jury awarded plaintiff Luis Molina $2.61 million for injuries sustained when he fell down a subway station stairway. Mr. Molina was caused to slip and fall as a result of a plastic bag that had blown onto the steps from a street opening. As a result of the fall, Mr. Molina suffered a herniated disc and a tear of his right shoulder’s rotator cuff. The jury found that the NYC Transit Authority was liable for the accident.

VERDICT

$2,253,714

A Bronx jury awarded Ms. Colon $2.25 million for a trip and fall accident. Ms. Colon was caused to fall when she moved to the right to allow another pedestrian to pass, and her foot rolled to the outside due to the sidewalk being unlevel with the adjoining grass. The jury found the defendant liable and awarded Ms. Colon $2,253,714.00 for her pain and suffering.

VERDICT

$1,900,000

A Brooklyn jury awarded Arvella Floyd $1.9 million for a fractured wrist which required multiple surgeries, including an open-reduction internal fixation and a carpal tunnel release. Ms. Floyd was injured when the hot water knob of the shower fell off after numerous complaints to the superintendent, and scalding water spewed toward her, causing her to
fall and break her wrist.

VERDICT

$1,350,000

A Bronx jury awarded plaintiff Juanita Young $1,350,000 for injuries caused by the use of excessive force during an arrest. During the arrest, Ms. Young, who is legally blind, was handcuffed from behind, with her children watching, and taken to the top of the stairs to exit the building. The officer proceeded to push her down the stairs multiple times.

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I contacted Burns and Harris, this company which is renamed now, about two years ago about my injury. I even had an in person meeting with Stephen LaRocca.I had to chase him for a year just to sign something, in the end I just gave up. Pretty appalling company and even worse than people have written. I can only imagine the people who haven’t taken the time to write your review. Don’t bother with them.
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My experience with Harris Keenan and Goldfarb was wonderful. My legal representative, Steven LaRocca with Samantha Walton always made me feel well defended and cared for, in a way that went beyond professional representation and into the realm of caring about me on a personal level. Steven, Samantha and Seth Harris got me a great outcome and I can’t thank them enough!
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Horrible people. I lost complete confidence in this firm. Attorneys dragged their feet for 4 years and my mom died before a settlement could be reached. I advised them several times that my mom was sick to put fire under their feet but the effort was to no avail.
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I am completely satisfied, and recommend Harris Keenan & Goldfarb as Attorneys to represent anyone. Their care for me physically, and overall helped me stay strong in spite of my injuries. Always available to answer questions, and inform.They got me Justice, and achieved a substantial outcome for my case.I am very impressed, and thankful for their outstanding performance on my behalf.I am very pleased, and significantly satisfied with their representation.‐-Sherylon Wilkins
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Patient and diligence is how I describe the effort of HKG the work was thorough, honest and fair, I have no complaints. Special thanks to attorney Blake and his paralegal Thierry.
Gene Matos (fanboye)Gene Matos (fanboye)
18:48 15 Jan 24
I first crossed paths with Seth Harris when serving jury duty many years ago. He was so professional and personable, that when my mom was seeking legal counsel for medical malpractice, I told her she had to reach out to his firm. We had meetings with a few different firms, but Harris Keenan & Goldfarb was the only firm that did not try to get us to sign paperwork before even meeting. They took the time to listen and understand our situation before we signed anything, and they were transparent and responsive the whole time. I would like to give special thanks to Samantha Walton, Marla Stein, Val Wallace and Seth Harris for helping my mom through this tough time. They were honest and upfront, and even though Seth Harris wasn't personally on the case, he took the time to meet with us and give us his thoughts on it.
Solange IsaacSolange Isaac
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I am pleased with the services provided by Ms Sheri on my case. The team at Harris, Keenan, & Goldfarb were very nice and explained everything to me. Everything that I had questions on they answered without frustration and were prompt and knowledgeable.6 years ago I had a slip and fall accident at my employers place of business. I reached out to them because I knew that I was being wrongfully treated. They took care of the case, restored my self confidence, and brought so much peace to my problem riddled life.I can recommend without a shadow of a doubt the services of Harris, Keenan & Goldfarb to anyone who is in need of someone who will have your back!
Brittany DempseyBrittany Dempsey
16:02 08 Jan 24
My mother had an accident with her ankle back in 2019. I immediately contacted Harris, Keenan & Goldfarb on the day of the accident. They were extremely prompt and helpful. They attended to my mother's case beautifully and she's been recovering well. I'd like to thank you for being so diligent, kind and above all professional. I'd recommend this law firm to anyone who are injured and in need of legal assistance. My mother, Andrea, and I thank you for everything.
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