DAMAGES FOR DISABILITY AND LOSS OF ENJOYMENT OF LIFE
Money damages are recoverable for disability and loss of enjoyment of life. Disability can be thought of as a permanent physical injury or permanent impairment of health resulting in some loss of physical function. This is different from “pain and suffering” damages. Compensable physical disabilities include such things as: paralysis, lost limbs, loss of vision, loss of hearing, loss of taste or smell, lost sensation, lost sexual ability, loss of mental capacity, and any number of other physical disabilities.
Courts have held that loss of enjoyment of life is an element of damages and recognized that an injury victim should receive compensation for all physical and emotional consequences of their injuries. One such loss may be an actual loss of life expectancy. Injuries sometimes shorten one’s life and this is truly a complete loss of enjoyment of life. Loss of enjoyment of life can also result from ill health; inconvenience from loss of limb; loss of one oar more of the senses; inability to engage in sports and recreational activities; inability to participate in vocational activities; lost interest in social activities, and many other areas. Some courts have recognized the loss of enjoyment of life to be even more agonizing than the physical injury itself.
Damages for disability and loss of enjoyment of life are not prone to easy mathematical calculation. There is no formula that can be used to determine a fair value for disability and loss of enjoyment of life. One must consider the degree to which the injuries have had a negative impact on the victim’s life. What is the value of lost enjoyment of life to a bowler who loses both arms, to a musician who can no longer play her instrument, to a mother who can no longer pick up her children?
The following articles about personal injury law may also be of interest to you:
You & Your Personal Injury Claim
Answering Questions About Accident-related Injuries
At The Accident Scene, What Should I Do?
But My Insurance Adjuster Says I Don't Need A Lawyer
How Much Is My Injury Claim Worth?
Injuries To Children
Product Liability Claims
Herrick & Hart Personal Injury Attorneys, Eau Claire, Wisconsin
Please contact us for help with your legal needs or concerns.
The attorneys at Herrick & Hart provide expert advice to people who have suffered a loss or been injured. If you or someone whom you care about has been injured, please call (715-832-3491), e-mail (mike@eauclairelaw.com) to arrange a free initial consultation with the injury lawyers at Herrick & Hart, or complete the online personal injury case assessment form to have your case reviewed by the personal injury attorneys at Herrick & Hart.
The team of personal injury lawyers at Herrick & Hart represent people throughout northwest Wisconsin. They litigate against insurance companies based in Wisconsin, Illinois, Iowa, Minnesota, and across the nation, and most frequently help clients who were injured in or are residents of Eau Claire county (Eau Claire, Altoona, Augusta, Fairchild, Fall Creak, & Seymour), Chippewa county (Chippewa Falls, Cadott, Cornell, New Auburn, & Stanley), Taylor county (Medford, Gilman, & Stetsonville), Rusk county (Ladysmith, Hawkins, & Weyerhauser), Barron county (Barron, Rice Lake, & Cameron), Dunn county (Boyceville, Menomonie, Colfax, & Downing), Clark county (Abbotsford, Colby, Neilsville, & Thorp), Marathon County (Wausau, Abbotsford, Colby, Brokaw, Evergreen, Marshfield, Mosinee, Rothschild, Schofield, Spencer, Unity & Weston), Portage county (Stevens Point, Amherst, Plover, Rosholt, & Whiting), Wood county (Wisconsin Rapids, Port Edwards, Nekoosa, & Marshfield), Jackson county (Black River Falls, Taylor, Merrillan, and Alma Center), La Crosse county (La Crosse, Brice Prairie, Onalaska, Holmen, & West Salem), Monroe county (Sparta), Douglas county (Superior), Sawyer county (Hayward), Ashland county (Ashland, Odanah), Bayfield county (Bayfield, Mason, & Washburn), Juneau county (Elroy, Mauston, Necedah, Union Center), and St Croix county (Baldwin, Hudson, New Richmond, North Hudson, River Falls, Spring Valley & Wilson), Pierce county (Bay City, Ellsworth, River Falls, Spring Valley).
