Suing for Loss of Enjoyment of Life in Florida
You can recover economic and non-economic damages after suffering injuries in a Florida accident because of another person’s negligence. Among the non-economic damages you can recover after a Florida accident is loss of enjoyment of life. Suing for loss of enjoyment of life after a Florida accident can be a complex process. Fortunately, personal injury attorneys are available to help accident victims recover the compensation they deserve for loss of enjoyment of life. If you are the victim of another person’s negligence, you should contact an experienced personal injury attorney who can help you determine if you are eligible to recover compensation for loss of enjoyment of life. You should retain a skilled attorney who can help you fight for the compensation you deserve.
Defining Loss of Enjoyment of Life
Loss of enjoyment of life is when your accident and injuries disrupt or decrease the quality of your life. You can sue for both physical and emotional components, like the inability to do the things you enjoyed doing before your accident.
What Types of Injuries Can Decrease the Quality of Your Life?
There are many injuries that can decrease the quality of your life and result in you being qualified to recover compensation for loss of enjoyment of life. Often, they are catastrophic injuries that have a permanent, life-changing effect. The following are some of the types of injuries that can impair your ability to enjoy life, thus resulting in you being qualified to recover compensation for loss of enjoyment;
- Brain injuries, including traumatic brain injuries
- Spinal cord injuries
- Soft tissue injuries, such as sprains and strains
- Injuries resulting in loss of sight or hearing
What Types of Cases Qualify for Suing for Loss of Enjoyment of Life?
The following are examples of cases that qualify for suing for loss of enjoyment of life in Florida;
- Car accident cases
- Slip and fall accident case
- Medical malpractice cases
- Product liability cases
- Premises liability cases
Loss of Enjoyment of Life Compensation in Car Accident Cases
Florida uses a no-fault system when it comes to car accidents. For this reason, car accident victims must meet a personal injury threshold set out by Florida Statute § 627.737 to collect loss of enjoyment of life damages. To recover compensation for loss of enjoyment of life, a car accident victim must have suffered significant loss of an important bodily function, a permanent injury, or permanent scarring or disfigurement.
What if You Do Not Meet the Personal Injury Threshold?
Lawyers have argued that car accident victims not meeting the personal injury threshold should be able to recover for loss of enjoyment of life under Florida law and Florida’s no-fault system. Many attorneys argue that since loss of enjoyment of life is not on the list of types of damages available only to those victims meeting the personal injury threshold, these damages should be available to all car accident victims through the no-fault system. However, the courts have rejected this argument at least twice. A qualified attorney can offer you more guidance on this.
Proving Loss of Enjoyment of Life in a Personal Injury Case
Like other non-economic damages, it can be challenging to prove loss of enjoyment of life. There are no receipts showing how the quality of your life has decreased since your accident and injuries. However, it is not impossible to prove loss of enjoyment of life. A qualified personal injury attorney can help you prove loss of enjoyment of life. Some ways of proving loss of enjoyment of life include;
- Medical records that document the physical and psychological effects resulting from the accident.
- Testimony from your treating physician.
- Testimonies from friends and family members.
- Expert testimony. An expert can be called upon to testify about the kind of lifestyle you would have likely had, were it not for your injury.
How Are Loss of Enjoyment of Life Damages Calculated?
Courts consider several factors when calculating loss of enjoyment of life damages. The following are some of the factors that courts consider when determining how much to compensate a victim for loss of enjoyment of life:
- The type and severity of the injury
- The duration of the injury
- How much enjoyment has been lost
- The evidence provided
- The age of the victim
- The victim’s occupation
- Employability
For reference: here is source information on liability reform.
Contact a Naples Personal Injury Attorney
Suing for loss of enjoyment of life is a complex process that requires the assistance of a qualified personal injury attorney. Our Naples personal injury attorneys at The Law Offices of Marc L. Shapiro can help you sue for loss of enjoyment of life and all the other damages you are entitled to. Contact us today to schedule a free consultation and discuss your case.
