Calculating Loss of Enjoyment of Life into Your Settlement

Loss of enjoyment of life is a critical component of personal injury claims, but it can also prove frustratingly hard to pin down as attorneys seek the best settlement for their clients.

While medical bills, property damage, and other economic losses are more concrete and relatively easy to quantify, non-economic damages—such as the diminished ability to engage in the activities a person once enjoyed—prove more challenging in assigning a value and presenting its impact to a jury.

While intangible, lost opportunities for engaging in hobbies, pursuing passions and interests, and even spending meaningful time with loved ones have a profound effect on injury victims. Loss of enjoyment is an often undervalued component of personal injury claims, which makes it all the more important that personal injury attorneys successfully factor it into their cases.

‍EvenUp’s range of AI-powered tools helps attorneys effectively organize records, present compelling facts, and identify value drivers to support claims for loss of enjoyment of life — allowing you to make stronger cases and obtain fair compensation for your clients.

Defining Loss of Enjoyment of Life

Loss of enjoyment of life is considered a form of non-economic damage in personal injury cases and refers to an accident victim’s loss of the ability to enjoy certain activities during their lifetime.

Classification of these damages varies. In most states, loss of enjoyment constitutes its own class of damages, while others consider it a component of the larger “pain and suffering” category. Some states use the term to refer to the loss of enjoyment extrapolated from a victim’s time of death onward, such as in the case of wrongful death suits.

Despite these differing uses of the term, personal injury lawyers must consider loss of enjoyment as you seek appropriate settlements for clients with long-term injuries.

Methods for Calculating Loss of Enjoyment

Since loss of enjoyment is less tangible than other damages and lacks predefined monetary values, attorneys should consider various qualitative and quantitative methods to make it more understandable for juries.

Qualitative Methods

Personal Testimonies: Accident victim testimonies provide firsthand accounts of how injuries have impacted their daily lives, giving juries insight into new difficulties they face and the kinds of opportunities they are now forced to miss out on.
Psychological Evaluations: Expert evaluations can help explain the effect of emotional distress on victims’ daily lives.
Lifestyle Changes: A thorough chronicle of significant changes since the victim’s accident took place, such as requiring assistance for everyday tasks, further illustrates the extent of suffering.

Quantitative Methods

The Multiplier Method: To estimate non-economic losses, attorneys can assign a multiplier to their client’s total economic damages. Generally, the more severe the injury and the longer its effects are, the higher the multiplier.
The Per Diem Method: This structured approach involves calculating a daily monetary value based on the pain and suffering a victim experiences, considering estimated healing time or duration of effects. Sometimes, this value is provided as a range rather than a set amount.
Expert Analysis: This may include testimony from medical professionals and other experts familiar with injuries, medical conditions, and their impact on quality of life.

The Role of Precedent: Citing Comparable Cases and Past Verdicts

Providing a frame of reference based on precedent creates a clear and justifiable way of evaluating loss of enjoyment damages. By demonstrating how similar injuries were assessed in court, attorneys can develop a more compelling argument for fair compensation.

Strengthening Claims with Supporting Evidence

Building a substantial loss of enjoyment claim requires concrete, thorough, and persuasive supporting evidence—including detailed medical records, expert testimony, and personal narratives of accident victims.

In addition to psychological assessments to summarize and explain the emotional effects of traumatic experiences, attorneys can also utilize day-in-the-life videos to illustrate victims’ hardships visually. Day-in-the-life videos are a persuasive manner of showing a jury exactly what a client’s life looks like since an accident took place—highlighting new difficulties in completing everyday tasks, required extra assistance, and major limitations on their ability to enjoy hobbies, activities, or time with their family.

Tailored tools like EvenUp’s Case Preparation™ and Negotiation Preparation™ help attorneys organize and present crucial details supporting loss of enjoyment claims, which can immensely influence settlement values.

Powered by EvenUp’s proprietary Piai™ model, our comprehensive Claims Intelligence Platform™ enables attorneys to highlight key factors contributing to loss of enjoyment.

Maximizing Compensation for Loss of Enjoyment of Life

Successfully documenting and presenting loss of enjoyment claims can significantly improve the outcome of personal injury cases. Persuasively presenting these factors in court to secure high-value judgments also makes all the difference to clients living with and suffering from the short—and long-term effects of their injuries.

Attorneys can significantly improve compensation outcomes by utilizing well-chosen calculation methods, incorporating detailed evidence, and leveraging EvenUp’s AI-powered tools.

While non-economic damages can be incredibly challenging to quantify, the right resources ensure that accident victims get the justice they deserve. To learn more about how EvenUp can support your law firm in calculating loss of enjoyment, download a sample EvenUp demand package here.