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:
- Work/professional development and growth
- 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:
- Spinal cord injuries
- Car accidents
- Traumatic brain injuries
- Loss of vision/hearing
- Injuries resulting in loss of function of a body part
- Medical malpractice
- Toxic exposure
- Airplane/helicopter accidents
- Motorcycle wrecks
- Bicycle accidents
- Boat accidents
- Truck crashes
- Burn injuries
- Dog bites and other dangerous/vicious animal attacks
- Subway accidents
- Workplace accidents
- Pedestrian accidents
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
Calculating 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:
- /blog/your-medical-records-and-your-personal-injury-claim/Medical records
- Professional/personal/eyewitness testimony
- Activity logs
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.