What Losses Does It Cover? How Are Damages Calculated?

In the aftermath of any personal injury, you may find it difficult or impossible to do some or many of the things that you loved doing before the accident. You may find it challenging to complete many of the most basic tasks required in everyday life, such as personal grooming, playing sports, or engaging in a beloved hobby. You have a right to seek full and fair compensation for the changes that have come to your life because of the carelessness or negligence of another person. These types of damages are commonly referred to as “loss of enjoyment of life.”

How Does the Law Define “Loss of Enjoyment of Life”?

There are two specific ways that “loss of enjoyment of life” can be construed in New Jersey. Most commonly, the term refers to your loss of the ability to engage in or pursue those activities that previously brought you joy, pleasure or fulfillment. For example, you may have been a passionate club-level tennis player before a car accident, but find that you can’t play the game you love anymore because of pain or physical limitations resulting from a motor vehicle accident.

Loss of enjoyment of life can also describe the impact of your inability to engage in the ordinary acts of daily life. You may suffer some level of paralysis or some other permanent injury that makes it difficult for you to move about under your own power, requiring a wheelchair or other device. As a consequence, you may find it too difficult to simply go outside and enjoy some fresh air.

How Are Damages for Loss of Enjoyment of Life Calculated?

There are no objective measures by which these damages can be determined (like you would have with lost wages or unpaid medical bills). These are what are commonly referred to as “non-economic damages.” The jury will still ultimately decide how much you should receive for your losses, employing one of a variety of methods:

• The multiplier approach—Under this method, the jury will calculate all economic damages (lost wages and unreimbursed medical expenses) and multiply that number by some factor, usually between 1 and 5. The factor used will commonly be based on the severity of your injuries, as well as the degree of culpability of the defendant.
• The determination of a “reasonable” amount—The judge may instruct the jury to identify a “reasonable” amount of damages, based on the unique circumstances of the case

Contact the Law Offices of David J. Karbasian, PC

Send as an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment to discuss your personal injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.