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What is “Loss of Enjoyment”?

By Peters & Nolan, LLC on July 1, 2022

“Loss of enjoyment” is a legal term that refers to the deprivation of the ability to take pleasure in life’s activities. This can result from an illness, physical injury, or emotional injury that causes the victim to have depression or anxiety or any other circumstance that prevents a person from engaging in the activities they once enjoyed. Loss of enjoyment can be compensable in a personal injury lawsuit if it can be proven that the defendant’s actions caused the plaintiff to lose the ability to enjoy their life.

A personal injury lawyer can help you get compensation for your injuries and get the treatment you need to return to enjoying life. Peters & Nolan, LLC will defend you in court and hold responsible parties accountable for your injuries. If you have been injured and can no longer enjoy life as you used to, our knowledgeable lawyers can help you get the compensation and justice you deserve. Call (970) 243-4357 today to discuss your case.

How is “Loss of Enjoyment” Calculated”?

Courts may calculate a “loss of enjoyment” estimate in a few different ways. One standard method is to consider the victim’s age, health, and life expectancy when determining how long the victim would likely have enjoyed life if they had not been injured. Another method is to look at the victim’s pre-injury lifestyle and how the injury has similarly impacted their ability to enjoy life.

For example, if a young, healthy victim is injured in a car accident and is left with a permanent disability that prevents them from ever working again, the court may calculate their loss of enjoyment by considering how long they would likely have worked and contributed to society. On the other hand, if an elderly victim is injured and can no longer enjoy their hobbies or spend time with their grandchildren, the court may calculate their loss of enjoyment by looking at how much enjoyment they would have experienced in their remaining years.

No matter which method is used, the goal is to provide the victim with an estimate of how much their injury has impacted their ability to enjoy life and to award them damages accordingly.

Proving Loss of Enjoyment

A loss of enjoyment case is one in which the plaintiff alleges that they have been deprived of the ability to enjoy life because of the defendant’s actions. To win such a case, the lawyer must prove that the defendant’s actions caused the plaintiff’s loss of enjoyment and that the plaintiff has suffered damages‌.

The first step in winning a loss of enjoyment case is to establish that the defendant’s actions caused the plaintiff’s loss of enjoyment. This can be done through eyewitness testimony, video evidence, or other forms of proof. Once it has been established that the defendant’s actions caused the plaintiff’s loss of enjoyment, the next step is to prove that the plaintiff has suffered damages‌. Again, this can be done through medical records, testimony from friends and family, or other forms of proof.

If your lawyer can prove that the defendant’s actions were the cause of your loss of enjoyment and that you suffered damages as a result, then you are likely to receive compensation.

If you have been injured and can no longer enjoy your life the way you used to, you may be entitled to compensation for your “loss of enjoyment.” A lawyer experienced in personal injury law will be able to help you assess your claim and determine what damages you may be entitled to. Call Peters & Nolan, LLC at (970) 243-4357 for an immediate consultation.

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Peters & Nolan, LLC is your ideal source for high quality legal representation throughout the state of Colorado. Known for being personable and responsive, attorneys Andrew J. Peters and Andrew Nolan are aggressive trial lawyers with an excellent record of trying and settling cases in criminal defense, DUI/DWAI and personal injury.