Understanding how to calculate noneconomic damages like loss of enjoyment of life after a personal injury is crucial in ensuring your legal rights are protected and you can recover the total compensation that you deserve. To learn more, contact a New Jersey personal injury lawyer today to set up your free consultation.
What is Loss of Enjoyment of Life?
Loss of enjoyment of life, sometimes shortened to loss of enjoyment, is a noneconomic damage that is often considered during a personal injury claim or lawsuit. The purpose of personal injury law is to ensure that the victim of an accident can be adequately compensated for their losses associated with the situation. This includes how their daily life is affected after the injury.
If you sustained an injury and it impacts your ability to participate in activities and experiences that previously brought you joy, you can recover compensation from the at-fault party in an effort to make up for your loss.
For example, if you love basketball but your injury leaves you unable to play ever again or if you were looking forward to having children but can no longer care for or play with them, it could significantly impact your mental health. You may be entitled to compensation for this loss of enjoyment.
How Do You Calculate Loss of Enjoyment of Life?
The value of your loss of enjoyment of life is generally calculated by an insurance company or jury during a personal injury case. However, it can be beneficial for you and your attorney to seek expert help in totaling the value to ensure you receive the compensation you deserve.
Loss of enjoyment of life is often calculated using one of the following two ways.
- Multiplier method: The first step in the multiplier method is totaling up your economic damages. These are any financial losses you sustained as a result of the accident like medical expenses, lost wages, and property damage. After adding those up, pick a number between 1 and 5 to represent the extent that your injury has impacted you or will impact you, with 1 being the least amount and 5 being the most. Next, multiply the total amount of economic damages by the number you have chosen. That is your estimated noneconomic damages. You can add that number to the total economic damages to get an average settlement.
- Per diem method: The per diem method is a different approach and looks at one singular day of your suffering. Using all relevant information and the help of expert testimony, assign a monetary value for your losses for one day. Then, multiply the total amount by the number of days you will experience your losses.
Both of these methods, while beneficial, are just estimates as there is no way to assess with 100% accuracy what the monetary value of a nonmonetary loss is. The actual compensation you are awarded may vary, but it is important to understand what your case is worth.
For more information and to secure skilled representation during your case, reach out to an experienced attorney at Rubenstein, Berliner & Shinrod, LLC today.