Loss of Enjoyment of Life Damages in Missouri After Car Wreck
In Missouri, loss of enjoyment of life damages are recoverable in personal injury lawsuits as part of a category known as non-economic damages. These are losses that are difficult to quantify with a dollar amount but aim to compensate for the ways an injury has negatively impacted your ability to live a fulfilling life.
Here are some specific types of loss of enjoyment of life damages that might be recoverable in Missouri after a personal injury accident:
- Inability to participate in hobbies and recreational activities: This could include sports, playing musical instruments, traveling, spending time outdoors, or engaging in social activities you previously enjoyed.
- Physical limitations affecting your daily life: If your injuries prevent you from performing everyday tasks you used to do without difficulty, such as gardening, playing with your children, or maintaining your home, this can be grounds for compensation for loss of enjoyment.
- Pain and limitations caused by scarring or disfigurement: The emotional distress and social anxieties caused by permanent scarring or disfigurement resulting from the accident can be included in loss of enjoyment of life damages.
- Inability to maintain intimacy or relationships: If your injuries have a negative impact on your intimate relationships or limit your ability to socialize and connect with loved ones, this can be a compensable loss.
- Loss of enjoyment of physical sensations: This can encompass limitations on experiencing activities you used to find pleasurable, such as feeling the wind on your face during a walk or the taste of your favorite food due to injury-related impairments.
Here are some key factors a Missouri court will consider when awarding damages for loss of enjoyment of life:
- The nature and severity of your injuries: More severe injuries that significantly restrict your ability to live a full life will typically warrant higher compensation.
- The extent to which your injuries have impacted your daily activities and hobbies: Detailed evidence showcasing how your life has been diminished due to the accident strengthens your claim.
- Your prognosis and future limitations: If your injuries are expected to be permanent or have long-lasting effects, this will be considered when determining compensation.
- Before and after testimony: Providing evidence of your life and activities before the accident compared to your current limitations can effectively illustrate your loss of enjoyment.
It's important to note:
- The burden of proof lies with you, the plaintiff, to demonstrate how your injuries have impacted your enjoyment of life.
- Consulting with a personal injury lawyer experienced in Missouri law is crucial to navigate the legal process and effectively present evidence to support your claim for loss of enjoyment of life damages.
- Non-economic damages like loss of enjoyment of life are generally more subjective than economic damages (medical bills, lost wages) and their compensation amounts can vary depending on the specific circumstances of your case.
If you've been injured in an accident in Missouri and believe you've suffered a loss of enjoyment of life, speaking with a qualified personal injury lawyer can help you understand your rights and options for seeking compensation.