The injuries people usually sustain in a car accident are so severe that it is easy to overlook the mental effect on the victims. A car accident can inflict emotional trauma on a person and make them lose the ability to enjoy life and even their favorite hobbies and activities.
There are three types of damages in an accident- economic, non-economic, and punitive damages. Of these, economic damages are usually easier to obtain, while non-economic damages like loss of enjoyment are rather tricky to prove. A car accident attorney Atlanta can look into your case and determine whether you qualify for loss of enjoyment damages.
What is “Loss Of Enjoyment Of Life”?
When you sustain injuries that prevent you from enjoying the things that you did before the accident, it is said that you are no longer able to enjoy your life in the same way. This may be because of your physical injuries preventing you from going to work, exercising, doing household chores, driving your car, hanging out with your friends in the park, etc.
Loss of enjoyment of life can also arise from mental traumas. A car accident can be a traumatic event. People who witness or experience an accident often acquire lifelong traumas and suffer from mental illnesses, such as PTSD. A person suffering from mental illnesses may get flashbacks of the incident, nightmares, anxiety, and depression. All of these factors can also contribute to your loss of enjoyment.
Is it possible to prove loss of enjoyment in court?
Yes, it is certainly possible to prove that you have lost the ability to enjoy your life. Loss of enjoyment damages focuses on how the accident has changed the person’s life from how it was before. Therefore, like all other non-economic damages, loss of enjoyment can be harder to prove, although not possible.
Here, you will need to prove that you enjoyed certain things in your past, and now, you are unable to because of your injuries and trauma. This may be proven using photographs and testimonies from your friends and family members.
Suppose you used to love swimming before your accident. Now, due to the accident, you have acquired a foot injury that limits your mobility. Therefore, the doctor has said that you can no longer swim, participate in swimming competitions or even go inside the water. Evidence indicating your love for swimming and your doctor’s statements may be used here to establish loss of enjoyment.
Dealing with a car accident claim is difficult, but it becomes particularly more difficult when you attempt to seek non-economic damages. An attorney possesses the knowledge, training, and resources to search for evidence that you may never find on your own. Contact one today.
