Loss Of Enjoyment Of Life In Personal Injury Cases

Posted by Tyler P.
3
Jun 22, 2020
92 Views

Any accident resulting in injuries automatically affects the way you live. When one is reimbursed for whatever amount he/she incurred due to injuries, there is always the amount for lost income. But have you ever thought what the court or the insurance company uses to determine this figure? There are so many factors considered when coming up with a loss of enjoyment figure.

Understanding Loss Of Enjoyment Of Life (LEL)

If you have been involved in an accident and you lose the ability to perform your life’s activities that made you enjoy, this can be referred to as loss of enjoyment of life. This is a type of non-economic damages also referred to as hedonic damages; they are mostly included in the pain and suffering compensation. Such kinds of damages are hard to quantify by the use of any standard measurement. It requires the help of a Wasilla personal injury lawyer to help you understand the calculations amounting to the recovery figure. There are so many categories for general damages, but pain and suffering and the loss of enjoyment of life seems to be the most common. However, the main difference is that pain and suffering are associated with depression, anxiety, or the physical feeling of the victim. Conversely (LEL) damages related to the limitation the victim suffers on his/her personal life after an injury. When the judge or jury is coming up with an amount equal to the LEL, he/she will consider the below factors:

· The severity of the injuries

· The age of the victim injured

· Hobbies and interest of the victim previously enjoyed

If a victim cannot perform the same duties, he/she did before an accident happened. The solution can come from the damages awarded. The damage caused has its special category when you’re receiving your compensation. And one would require the help of a Wasilla personal injury lawyer to help in providing the right evidence.

Measuring Damages For LEL

The controversy of whether to quantify LEL and pain and suffering damages is not new. Judges and juries presume that if these damages are treated separately, they may amount to overcompensation to the victim. Again, states have different ways of determining the amount for LEL damages. Therefore, to know whether your damages are equal to the injuries you suffered, you may consult an experienced lawyer in Wasilla Alaska. The lawyer can tell whether the sum awarded is reasonable. When coming up with the damages, the judge may use different methods. Some of them include:

· The per diem method: This is the technique of multiplying some unit of time by dollar that corresponds with the victim’s injury. Similarly, adding up any other pleasurable activity or hobby the victim cannot enjoy due to the injury could be used by the judge to come up with the compensation amount.  

· Expert testimonies can also be used to determine the extent and effects of LEL.

· The willingness to pay method: This is used by many people to come up with the reduction of the possibility of the injuries suffered.

Whichever method used, the main idea of the judge is to come up with a figure that will help the victim get back on their feet again. If the court is awarding compensation, an experienced lawyer in Wasilla Alaska may be able to tell whether your amount is reasonable such as to cover the loss of enjoyment of life damages.

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