What Does Loss of Enjoyment Mean in the Context of a Car Accident Case?
September 9, 2019 | By admin
Car Accident Injuries
Car accidents can leave you with many injuries, some temporary and some lifelong. In some cases, the extent of the accident injuries extends beyond the physical pain and suffering. An accident can affect your ability to enjoy the same activities that you once did before the incident.
Defining Loss of Enjoyment in a Middletown Case
While you may be eligible to collect compensation for loss of enjoyment after a car accident, it is not always easy to define what loss of enjoyment covers. Loss of enjoyment might include things like:
- Daily physical pain that affects the enjoyment of activities
- The loss of income that prevents entertainment
- The distress felt immediately after the accident
- The emotional fear of operating a vehicle
Loss of enjoyment is often broken down into two categories, simple loss and severe loss of enjoyment. With a simple loss of enjoyment, you may not be able to complete simple tasks like household chores or hobbies that you once enjoyed doing. With a severe loss of enjoyment, you are unable to complete major tasks like feeding or bathing yourself or being ambulatory on your own. In many cases, a severe loss of enjoyment may be considered pain and suffering. Both types are eligible for compensation depending on the detail of the accident.
Calculating the Value of Loss of Enjoyment for your Lakewood Case
It can be more difficult to place a number on a loss of enjoyment. One person may value their free time differently than another person and unlike with loss of income, there are no receipts or income statements to identify the value of it. Because of this, there is no one way to calculate the value.
Most personal injury lawyers have a method that they use to calculate the non-economic value of loss of enjoyment and pain and suffering. It is also possible that your insurance company has its own method of calculating this amount.
The first step to beginning this process is identifying that you have suffered a loss of enjoyment of life. This is also not easy to identify but with the collection of personal statements, witness reports, medical records, and expert statements, we can identify that you have suffered a loss of enjoyment.
Then, we will come up with the value based on the information we have and compare this to the amount that the insurance company is offering. In a sense, this amount should make you whole again. While there is no amount of compensation that can remove your injuries, it should be enough to assist you in enjoying life, even if it is in a new way.
If the calculated amount differs significantly from the insurance company, then you might decide to go to trial. Although settlement offers can reduce time spent in court and legal fees, they do not make sense for every case.
The steps that you take to receive compensation for loss of enjoyment after a car accident depends on the details of your case. Reach out to a personal injury lawyer at Lombardi and Lombardi, P.A. today and tell us what happened.
Contact a New Brunswick Personal Injury Lawyer to Discuss Your Personal Injury Case in New Jersey
Did you or a loved one sustain serious injuries due to a personal injury in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Lombardi and Lombardi, P.A. represent clients injured because of a personal injury in Edison, Woodbridge, Old Bridge, Piscataway, New Brunswick, Perth Amboy, Middletown, Howell, Lakewood, Toms River, Brick, Jackson, and throughout New Jersey. Call (732) 906-1500 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 1862 Oak Tree Road, Edison, NJ, 08820 as well as offices in Edison, Brick, Freehold, and Point Pleasant Beach.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.