If you were injured in a car accident, bicycle accident, or other personal injury, you might suffer property damage, medical expenses, lost income, and other economic damages. However, the harm you suffer extends far beyond any financial loss. Your life may be impacted for years to come, and you have a right to demand you be properly compensated for these losses.
Qualify of life damages provide you with compensation for the loss of enjoyment of life caused by the accident and your injuries. Undestanding quality of life damages can be crucial to a successful personal injury case.
What Are Quality of Life Damages?
Personal injury claims focus on making the victim whole after an accident, whereas a criminal case is based on punishing a defendant for committing a crime. This is by ordering the at-fault party to pay for the victim’s economic and non-economic damages.
Economic damages are those losses associated with a direct financial loss, such as medical expenses, lost wages, and lost earning capacity.
Non-economic damages include losses that are just as real but more difficult to quantify, such as:
- Pain and suffering
- Mental distress
- Mental anguish
- Permanent disability
- Disfigurement
- Scarring
- Loss of consortium
- Loss of enjoyment of life
The loss of enjoyment of life recognizes that a person’s quality of life can lessen after an accident. They may be physically impacted and not be able to play with their children anymore or may have to get a different type of job. They might not be able to enjoy the same hobbies they did before the accident. Their relationships with other people may be negatively affected. Their future may be hampered because of resulting injuries, medical appointments, and psychological harm caused by the accident.
What Do I Have to Prove to Qualify for Loss of Quality of Life Damages In Florida?
In Florida, to qualify for loss of enjoyment of life damages after a car accident, you must meet a personal injury threshold to qualify for non-economic damages.
The threshold is that you have suffered injuries that meet any of the following:
- Cause significant loss of bodily function
- Result in a permanent injury
- Cause scarring or disfigurement
Note that this definition only applies to car accident cases because Florida is a no-fault state for car accident claims. However, this threshold doesn’t apply to other personal injury claims, such as pedestrian accidents.
How Do I Prove Loss of Quality of Life?
There are various ways that you may be able to prove how the accident affected your life, such as:
- Asking family members to provide statements about how the accident affected you and your relationship with them
- Talking about how the accident has affected your lifestyle
- Providing medical records that document the effects the accident had on you
- Having expert witnesses testify about how the type of injuries you sustained typically affect a person’s lifestyle
- Having an economic expert testify about how your long-term earning potential might be affected because of your injuries
An experienced lawyer can identify the best ways to establish these damages in your case.
Calculating Loss of Quality of Life Damages
There is no set formula for calculating loss of quality of life damages. Your lawyer can propose a reasonable figure for this aspect of your damages, along with your other economic and non-economic damages.
If your case goes to trial, the judge will offer jury instructions about how the jury should determine your damages. These instructions generally tell jurors to consider an amount of damages that would “fairly and adequately” compensate the victim for their damages.
Factors Courts Consider When Awarding Quality of Life Damages
Insurance companies, jurors, and judges can consider various factors when determining how much compensation to award, such as:
- The severity of the injury
- The duration of medical treatment
- The victim’s age and health
- The victim’s occupation, job skills, work history, and earning capacity
- How much enjoyment of life was lost
- Medical evidence
- How the accident affected the victim’s life
- How long these effects are expected to last
- Expected future consequences of the injury
Working with an experienced attorney is crucial to obtaining the compensation you deserve for your claim. A lawyer can review your case, gather evidence, and present the strongest arguments for you.
Contact Our Orlando Personal Injury Lawyer for Your Free Case Review
It can be difficult to determine a fair amount of compensation for your quality of life damages. Accidents can be devastating and lead to life-long consequences. An experienced Orlando personal injury attorney from Payer Personal Injury Lawyers can help. We will work to pursue the maximum compensation you are entitled to. Call us today at (407) 648-1510 for your free case consultation.
