What Types of Losses Are Covered? How Are Damages Calculated?
We’ve all heard of “loss of enjoyment of life” as a consequence of a Texas personal injury, including a car accident claim. What does that cover? What sorts of activities fall under the definition of “enjoyment of life.” How does a court put a dollar value on such a loss?
The Likelihood That a Personal Injury Will Limit Your Activities
A 2021 study by the Centers for Disease Control found that, during a single three-month period, approximately 6% of persons in the United States over the age of 18 suffered an injury that prevented them from engaging in the daily activities of life. When those injuries have been caused by the carelessness or negligence of another person, you have a right to seek compensation for loss of enjoyment of life.
What Is Loss of Enjoyment of Life for Purposes of a Texas Car Accident Claim?
If you’ve been hurt in any type of accident, including a motor vehicle crash, you’ve likely experienced it. The injuries you sustained either make it physically impossible or too painful to engage in many of the things you loved to do before the accident, or which brought you joy, fulfillment, pleasure, satisfaction or meaning. In some instances, you may not be able to perform the simplest tasks of daily life, such as grooming or feeding yourself. In both instances, you’re experiencing the loss of enjoyment of life.
How Does the Court Calculate Damages for Loss of Enjoyment of Life?
Because these types of damages are considered “non-economic,” and typically can’t be proven with any written documentation or physical evidence, courts commonly take a different approach when assessing damages:
- The court may multiply the amount of tangible or economic damages (lost wages and unreimbursed medical expenses) by a fixed number, usually between 1 and 5
- The judge may ask the jury to identify and assess a “reasonable” amount for these damages
Let Attorney Michael R. De La Paz Protect Your Rights When You Have Been Hurt in a Texas Car Accident
At the Law Office of Michael R. De La Paz, we have more than 26 years of experience protecting the rights of personal injury victims in Harlingen, McAllen, Brownsville and Houston, across Texas and nationwide. We have a comprehensive understanding of the types of injuries commonly suffered in any type of motor vehicle accident, and know how to effectively present your case to a judge and jury, if necessary. We will use our considerable experience, skill, knowledge and resources to help you get the outcome you want. Free call, text or chat, 24 hours a day, seven days a week–https://delapazlaw.com/.
Handling Motor Vehicle Accident Lawsuits Nationwide, Including, But Not Limited to Texas, Florida, New Mexico, Illinois and Oklahoma