Loss of enjoyment of life and other non-economic damages are just as common in personal injury claims as economic damages and are just as worthy of compensation from negligent parties.
You can sue for loss of enjoyment of life in Texas, as long as you are also suing for a physical injury. In other words, you can’t bring a claim for non-economic damages outside of a claim for economic damages. You might notice loss of enjoyment in many areas of your life, including professionally, socially, mentally, and emotionally. Keep track of the changes you notice in a journal and confide in a mental health expert about your difficulties to strengthen your claim against a negligent party for non-economic damages.
Get a free case review from our Dallas, TX personal injury lawyers by calling The Queenan Law Firm at (817) 476-1797.
Can You Sue for Loss of Enjoyment of Life in Texas?
Negligence injuries cause more than economic damages, and victims need to know whether they can also recover non-economic damages, such as loss of enjoyment of life.
You can sue someone for loss of enjoyment of life because of a personal injury in Texas. Loss of enjoyment of life is a type of non-economic damages that are typically sought when a victim is unable to participate in activities or hobbies they once enjoyed because of long-lasting or even permanent injuries.
What Are Examples of Loss of Enjoyment of Life After an Injury?
Loss of enjoyment of life might manifest in several different ways after an accident, and our Austin, TX personal injury lawyers can help you consider all of the things you can no longer do because of your injuries and how it affects you.
You might experience loss of enjoyment of life if you can no longer participate in recreational sports, go jogging, walk your dog, or engage in other physical activities you loved.
Injuries that affect cognitive abilities or motor functions might stop you from reading, writing, or painting like you used to, and might even limit your daily independence around your house and through your life, especially if you can no longer drive or your mobility is otherwise limited.
How Long Do You Have to Sue Someone for Loss of Enjoyment of Life in Texas?
You don’t have an indefinite amount of time to sue someone for loss of enjoyment of life in Texas, so don’t wait long after you are injured to see whether you have a claim.
The Texas personal injury statute of limitations is 2 years from the date of injury. You might have more time to sue someone for loss of enjoyment of life and other damages if a tolling exception applies because you didn’t notice your injuries right away, the defendant left the state sometime after causing your injuries, or you were injured as a minor.
How Do You Prove Loss of Enjoyment of Life from a Personal Injury in Texas?
You cannot get compensation for loss of enjoyment of life or other non-economic damages without proving them during your personal injury lawsuit.
Journal Entries
To prove your loss of enjoyment of life and the daily difficulties you experience because of an injury, you can keep a daily journal. Take note of everything that has become harder for you with your injury, as well as activities or responsibilities you can’t partake in because of it.
Keeping a journal throughout your physical recovery can show loss of enjoyment of life over an extended time period and help establish the existence of non-economic damages.
Expert Testimony
We may enlist expert witnesses to help us prove non-economic damages like loss of enjoyment of life. A mental health expert can evaluate you and the changes in your quality of life since your injury. Based on their expert opinion, expert witnesses can testify about the daily challenges someone with the victim’s injuries might face, as well as any signs of anxiety, depression, or even post-traumatic stress disorder they recognize in you.
Victim Testimony
You know your pain and suffering more intimately than anyone else, which may make your testimony valuable evidence if your case goes to trial. If you testify, you can tell the jury about the changes in your quality of life since an injury and all of the mental, emotional, and physical limitations and difficulties you have experienced or continue to experience.
How Much Can You Sue for Loss of Enjoyment of Life?
Loss of enjoyment of life can be a devastating consequence of a serious injury or accident for victims in Texas. The damages you recover should reflect the severity of your injury and the many emotional, mental, and physical consequences it brings.
Texas does not limit compensation for non-economic damages in personal injury claims. That means there is no maximum amount you can seek or recover; your compensation for loss of enjoyment of life and other non-economic damages should be entirely dependent on the specifics of your case and injury.
Can You Get Enough for Loss of Enjoyment of Life from a Settlement?
Getting enough compensation for loss of enjoyment of life and other damages from a personal injury settlement isn’t impossible, but it can be challenging.
It may take longer for a defendant to concede enough compensation for pain and suffering in a settlement. Initial settlement offers might downplay the non-economic damages associated with an injury and focus on compensating medical bills, lost wages, and other tangible damages.
You not only need an experienced lawyer’s help to get enough compensation for non-economic damages in a settlement, but patience as well, as it might take several months to negotiate a settlement that is worth accepting.
Get Our Help with Your Texas Personal Injury Case
Call The Queenan Law Firm at (817) 476-1797 for your free case assessment from our Houston, TX personal injury lawyers.