In California personal injury cases, loss of enjoyment of life is a type of general (non-economic) damage designed to compensate the injured party for the reduction in their ability to enjoy activities, hobbies, or aspects of life that they once engaged in before the injury. It is one of the core components of non-economic damages, along with pain and suffering and emotional distress. Loss of enjoyment of life can be a critical part of a personal injury claim, especially in cases where the injury has caused lasting changes to the person’s quality of life.
What Does Loss of Enjoyment of Life Mean?
Loss of enjoyment of life refers to the decrease in a person’s ability to experience the pleasures or activities that were a part of their normal life before the injury. This could include:
- Hobbies and leisure activities (e.g., sports, traveling, gardening)
- Social interactions (e.g., being able to spend time with family and friends)
- Work and career (e.g., a professional athlete who can no longer compete)
- Daily activities (e.g., driving, going for walks, or performing household chores)
When an injury causes a person to lose the ability to enjoy life in these ways, they may be entitled to compensation for this loss.
How is Loss of Enjoyment of Life Calculated?
Loss of enjoyment of life is inherently subjective, and there is no precise or formulaic method for calculating this damage. However, several factors are considered when determining the amount of compensation for loss of enjoyment of life:
- Severity of the Injury
- The more severe or permanent the injury, the more significant the impact on the person’s ability to enjoy life. For example, injuries that result in permanent disability or disfigurement (e.g., paralysis, amputation, or severe burns) can lead to a higher award for loss of enjoyment of life.
- Impact on Daily Life and Activities
- The more the injury limits the person’s daily activities or prevents them from engaging in previously enjoyed pursuits, the higher the loss of enjoyment of life damages may be. For example, if the injured party can no longer participate in hobbies like fishing, traveling, or playing sports due to the injury, this will be taken into account.
- Testimony and Evidence
- Personal testimony from the injured party is often a central part of proving loss of enjoyment of life. The injured person may describe how the injury has impacted their ability to do things they once enjoyed, and how it has affected their emotional well-being and social relationships.
- Witness testimony from family members, friends, and coworkers can also help demonstrate how the injury has diminished the person’s quality of life.
- Expert testimony, including medical professionals, can establish how the injury has permanently or significantly reduced the person’s capacity to enjoy their normal activities.
- Duration of the Loss
- The longer the injury is expected to impact the injured party’s life, the higher the potential damages for loss of enjoyment of life. If the injury is permanent or expected to cause long-term disruption, the award for loss of enjoyment of life will likely reflect this.
- Age and Health of the Plaintiff
- Younger individuals who suffer injuries that permanently affect their ability to enjoy life may receive a higher award, as the loss is expected to last over a longer period. Similarly, older individuals may receive damages based on how the injury impacts the remainder of their life.
- Defendant’s Conduct
- If the defendant’s conduct was particularly egregious (e.g., reckless driving or intentional harm), this may increase the damages awarded for loss of enjoyment of life, as it can demonstrate the profound and unjust nature of the injury.
Legal Precedents and Considerations in California
California courts allow for the recovery of loss of enjoyment of life as a form of general damages, but it’s ultimately up to the judge or jury to decide the amount based on the evidence presented. California Civil Jury Instructions (CACI 3905A) provides guidance for determining this type of damage. The jury is asked to consider:
- How the injury has affected the person’s ability to perform usual daily activities.
- Whether the impact on their life is temporary or permanent.
- The psychological or emotional toll caused by the inability to enjoy life.
Conclusion
Loss of enjoyment of life in California personal injury cases is a form of non-economic damage that compensates the injured party for the diminished ability to enjoy life due to the injury. It is a subjective damage, and its calculation is based on the severity of the injury, the impact on the person’s quality of life, and supporting testimony from both the injured party and others. The courts and juries use this information to determine a fair award, which can vary greatly depending on the specifics of the case.