Can I Claim “Loss of Enjoyment of Life” After a New Hampshire Accident?

A serious injury may end your life as you know it. Your injury may stop you from enjoying many hobbies and activities. You may find yourself spending most of your time indoors, alone, and socially withdrawn. If this sounds familiar, you may claim a certain damage called “loss of enjoyment of life.” This non-economic damage could theoretically increase your total compensation – but does it apply to your car accident in New Hampshire?

What Is Loss of Enjoyment of Life? 

Loss of enjoyment of life is exactly what it sounds like. This non-economic damage is purely emotional, and it has nothing to do with your financial losses. However, it may still result in financial compensation. If you engaged in certain activities that provided you with joy, personal injury courts in New Hampshire recognize the “value” that this provides to your life. The loss of this value should be compensated.

There are almost limitless examples of loss of enjoyment of life. In past cases, plaintiffs have pointed to outdoor or active hobbies that are no longer possible after their accidents. A car accident victim may lose the ability to play soccer on the weekend due to a shattered kneecap. Even though the injury may “heal,” the patient may experience excruciating pain whenever they attempt to play sports again. Other examples include walking your dog, playing catch with your son, hiking, swimming, and so on.

 How Can I Prove Loss of Enjoyment of Life? 

Proving loss of enjoyment of life may be difficult. Like all non-economic damages, this is an abstract emotional issue. You cannot point to a receipt or a lost paycheck to prove the “value” of playing sports on the weekend. Instead, your lawyers must utilize clever, creative strategies to fight for this compensation. Witnesses can explain your involvement in these activities. For example, your soccer teammates could testify that you had been attending games for many years. A mental health professional might also testify, explaining that your depression is caused by your inability to engage in previous hobbies.

 What Are Some Related Non-Economic Damages? 

A related non-economic damage is depression. You might also claim “emotional distress” or “pain & suffering.” All of these issues could be related to your inability to engage in previous activities.

This damage is separate from career-related issues. If your job and your “hobby” are the same thing, you can pursue additional damage for lost income.

Contact The Law Office of Manning Zimmerman & Oliveira, PLLC Today 

It is very difficult to determine which specific damages apply to your accident without speaking to a lawyer. An internet article may provide a few basic insights, but it cannot offer you targeted legal advice. To discuss the specifics of your lawsuit in more detail, contact Manchester car accident lawyers at The Law Office of Manning Zimmerman & Oliveira, PLLC. We can help you pursue fair compensation for the legitimate damages you have incurred.

Sources: 

collections.lib.utah.edu/dl_files/a3/73/a373342914f3015b3fb9253d43c22109a909d857.pdf

trine.edu/academics/centers/center-for-sports-studies/blog/2023/staying_positive_with_an_injury.aspx