If you were the victim in a personal injury accident due to someone else’s fault or negligence, you may wonder what type of compensation you can receive for injuries. In most cases, you are entitled to a monetary settlement as well as non-economic damages.
The loss of quality of life qualifies as non-economic damage. These are more difficult to assess and quantify than economic damages. Nevertheless, you should not be deterred from trying to secure it. Here are some of the things you should know about filing a loss of quality-of-life claim.
What Is the Loss of Quality of Life?
Receiving quality of life compensation entails more than just the physical pain and suffering you have experienced. This means your life looks significantly different after your injury. Damages regarding loss of quality of life can include factors such as:
- Fear
- Embarrassment
- Emotional anguish
- Discomfort
- A damaged reputation
- An inability to engage in activities you once enjoyed
Loss of companionship or affection due to the nature of your injury can be part of your claim as well. These emotional and relationship-related repercussions that impact your life after an accident may be intangible, but their effect on your life can be quite visible. This is why you should include the loss of quality of life in the accident claim whenever it applies.
Of course, it is challenging to put an exact dollar amount on damages regarding something so subjective, but it is worth the fight. As the victim, you may feel that there is no monetary amount that can be assigned to the pain you have experienced.
Nevertheless, the courts will still need to determine an amount when your personal injury claim is filed. Try to make their job easier and increase your chances at getting a fair amount by providing as much evidence as possible.
Assessing Your Quality-of-Life Claim
There are several variables the courts will consider in setting the monetary value of your loss of quality-of-life damages. Evaluation of the pain and suffering personal injury victims experience is performed slightly differently for every case.
This means there is no standard amount awarded for personal injuries. However, it is essential to be aware that not all the factors that influence your life will impact the value of your case. This is why it is best to discuss your case with a lawyer to learn about which factors you should include in your personal injury case.
Factors that will impact your quality-of-life claim can include your work history, testimony from an eyewitness, or the geographic location where the incident occurred. The severity of your injuries and your physical appearance will also be taken into account. The courts will carefully consider the nature of the accident. They will also look into whether you or the defendant were intoxicated at the time of the incident.
All relevant factors will be considered when the case is assessing the value of your case. While not all of these might seem fair, you must know everything that could possibly influence the amount of the settlement you will receive.
Keep in mind that quality of life compensation is not meant as a punishment for the defendant. The amount you receive provides you as the victim with a monetary award for the things lost because of the accident. Depending on the circumstances of the injury, punishment for the defendant can come under a different form. However, the court will decide this aspect.
Final Thoughts
Speak with a New York personal injury lawyer if you are injured in a work accident or while on someone else’s residential or commercial property. A personal injury attorney can also help you if you have been hurt in a car accident. A qualified legal professional will look over all the details of your case and explain how you can present your case in court to get the settlement you deserve.
