Can I Recover Compensation For Loss Of Quality Of Life After An Accident
Posted on Wednesday, December 4th, 2019 at 7:02 am
When a person is injured in an accident, the main focus is typically on that person’s physical injuries. California’s personal injury laws provide a legal remedy for an injured victim to obtain compensation for financial losses and physical injuries caused by another party’s negligence or wrongdoing. However, many individuals who are injured in an accident also experience a loss of quality of life. Even though it may be difficult to place a value on the loss of quality of life, state laws do allow injured victims to recover compensation for this type of damage.
What is Loss of Quality of Life?
After an accident, a person may experience physical pain and suffering because of the injuries sustained in the accident. However, those injuries may also significantly impact the person’s ability to perform daily activities or enjoy the same activities the person enjoyed before the accident. In addition, a person may experience significant emotional and mental distress caused by the accident and the injuries.
Quality of life compensation is designed to compensate an accident victim for the negative consequences he or she experiences because of the accident. Compensation for loss of quality of life is more than simply compensating an accident victim for personal physical discomfort or emotional worry. The types of damages that might be incorporated into a quality of life claim include:
- Loss of the ability to perform certain tasks
- Inability to care for one’s personal needs
- Loss of companionship and affection with other individuals
- Fear, concern, and emotional worry
- Physical pain and suffering
- Deformity, scarring, and disfigurement
- Humiliation and embarrassment
- Damaged reputation
- Permanent impairment and disability
- Loss of an organ, limb, or sensory function
- Inability to participate in activities enjoyed by the person before the accident
The above list is not a complete list of all factors that might be considered when determining a person’s loss of quality of life. Because each person is different, each claim for loss of quality of life will be unique. A person’s life before the accident must be carefully examined to determine how that person’s life has changed after the accident.
Placing a Value on Loss of Quality of Life in a Personal Injury Claim
There is not a standard formula for calculating the value of a person’s loss of quality of life. The damages in this category are intangible. There is not a price tag or an invoice that a jury can use to determine the value of these things. However, a personal injury attorney can use circumstances and facts related to the case, in combination with descriptions of the person’s life before the accident and after the accident, to demonstrate how the accident has profoundly impacted the person’s life.
There are also many factors related to the victim that can impact a quality of life claim, such as the victim’s:
- Educational background
- Work history
- Socio-economic status
- Type and severity of injuries
- Involvement in recreational activities or hobbies
- Appearance after the accident
- Presence or absence of permanent disabilities and impairments
Again, this is not a complete list of all factors that might apply in every case. Your Sacramento personal injury attorney reviews your case and your unique circumstances to determine the best way to maximize the value of a claim for loss of quality of life.
Hire an Experienced Sacramento Personal Injury Lawyer to Handle Your Claim
You only have one opportunity to demonstrate how the defendant’s negligence and wrongdoing have negatively impacted your quality of life. Insurance companies and defense attorneys aggressively fight claims for loss of quality of life. They will do whatever is within their power to limit the compensation you receive related to quality of life claims.
Our legal team of highly skilled and trained personal injury attorneys has many years of experience handling these types of injury cases. We believe that accident victims deserve full compensation for all damages, including Los of quality of life. Therefore, we aggressively pursue these claims In addition to all other injury claims arising from an accident caused by another party.
Call The Tiemann Law Firm at (916) 999-9000 to schedule your free case review with a personal injury attorney near you.