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In Texas, you can sue someone for a loss of enjoyment of life. It can be hard to put a price on the enjoyment of life, but it is something that a court may compensate you for in a personal injury suit. Enjoyment of life is a type of general damages you can sue someone for in Texas. Let’s take a closer look at what general damages include and what it means to sue for loss of enjoyment of life.
What Are Damages in a Texas Accident Lawsuit?
To recover damages in a lawsuit, you must prove that the defendant is liable for your injuries. You can do this by showing that the defendant was negligent or intentionally harmed you. Once you establish liability, you can then seek compensation for your damages.
There are two types of compensatory damages: Special Damages (economic damages) and General Damages (non-economic damages).
Loss of enjoyment of life is among the non-economic, or general, damages you can receive compensation for in a personal injury suit. It is not the same as pain and suffering but is a consequence of injuries incurred in an accident.
What Do General Damages Include?
Texas Civil Practice and Remedies Code Section 41.001(12) lists what the state considers general damages. Some examples of general damages include:
Physical pain and suffering:
Physical pain and suffering involve actual physical injuries. These physical injuries include the pain and discomfort the claimant has endured so far. It also includes future problems they will likely suffer due to the defendant’s negligence.
Mental or Emotional Pain or Anguish:
Mental or Emotional Pain or Anguish are by-products of bodily injuries and include
- Emotional distress
- Fear
- Mental anguish
- Anger
- Humiliation
- Anxiety
- Shock
Mental pain and suffering are any negative emotions from having to endure the physical pain and trauma of an accident.
Extreme examples of mental pain and suffering include:
- Constant anger
- Crippling depression
- Loss of appetite
- Fatigue
- Sexual dysfunction
- Mood swings
- Major sleep disturbances
- Post-traumatic stress disorder (PTSD) (1)
Loss of Consortium:
Loss of consortium is when you lose the benefits of married life or parenting. This could look like being unable to show affection after an accident or injury.
Disfigurement:
Disfigurement is when your body suffers an injury that causes you to look different than others, including scars, burns, missing limbs, or mangled body parts. Looking different from others in this way can also cause anxiety or depression.
Physical Impairment:
Physical impairment is when you cannot perform some basic daily living activities without help. A physical impairment is when your body has injuries or pain that keep you from moving properly.
Loss of companionship and society:
A court will often award you damages for losing a loved one. These damages include the loss of companionship and society. When a loved one dies, you lose the love, care, affection, comfort, and protection that the deceased person would have provided if they had not passed.
Inconvenience:
Inconvenience damages are what you can claim for lost time and frustration or anger caused by the negligence or malice of another person.
Loss of enjoyment of life:
Loss of enjoyment of life includes how an injury impacts your quality of life. Not having the ability to do things you used to enjoy causes you to experience less happiness in your life than before.
Injury to reputation:
Damage to a person’s reputation means when someone harms, injures, or negatively affects what is said or believed about your character.
It can be challenging to quantify these types of losses. Having an experienced personal injury attorney on your side is crucial for your case. A skilled attorney can help you build a strong case and ensure fair compensation for your injuries.
Why Might You Sue for Loss of Enjoyment of Life?
There are many reasons why you might sue for loss of enjoyment of life. Maybe you were in a car accident and can no longer play the sports you love because of your injuries. Perhaps you can’t work anymore and have to rely on others for support. Or maybe you’re just not enjoying life as much as you used to because of the pain and suffering you’ve endured or are still enduring.
No matter the reason, if you can prove that your injuries have caused you to lose the enjoyment of life, you may be able to recover compensation in a personal injury suit.
If you’re considering suing for loss of enjoyment of life, it’s essential to consult with an experienced personal injury attorney. They can help you understand the laws in Texas and whether you have a case. Don’t hesitate to reach out for help if you’re facing injury due to someone else’s negligence.
How Do you Prove Loss of Enjoyment of Life in Texas?
There are a few ways to prove loss of enjoyment of life in a court of law in Texas. One way is to show that you can no longer do what you love because of your injuries. Another way is to show that you’re not enjoying life as much as you used to because of the pain and suffering you’ve endured. You can also prove loss of enjoyment of life by showing that your injuries have caused you to lose a job or income.
When a Texas court awards damages for “loss of enjoyment of life,” it will consider how much compensation is necessary to make up for the injury. The court will look at things like
- How the injury has impacted your quality of life
- Your ability to do things you enjoyed before
- Any other related losses of enjoyment
The court may also consider your age, health, and life expectancy when deciding compensatory general damages.
We Can Help
If you or someone you love has injuries from an accident, it is vital to seek legal help as soon as possible. The knowledgeable personal injury attorneys at The Jarrett Law Firm can review your case and help you understand your options. We know what it’s like to live daily with pain and without the justice you deserve for what has happened.
Contact us today to get started with your free consultation. Our firm also offers virtual consultations if coming into our office is not convenient for you. Get in touch and find out how we can help in your situation.