Proving Loss of Enjoyment of Life
I’m David Holub, an attorney focusing on personal injury law in northwest Indiana.
Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.
Today’s topic is about proving “non-economic” damages, such as an injury’s impact on a person’s quality of life.
Often people who suffer an injury as a result of another person’s negligence will find that they cannot engage in certain activities (essential tasks, hobbies, social activities, etc.) as did before the injury incident.
These losses are recoverable, but there must be proof to causally relate the loss to the injury incident.
In other words, just saying that you can no longer go grocery shopping, walk the dog, play golf, ski, or ride a bike, will not be enough to prevail in court.
In addition to the plaintiff’s testimony, a doctor will be needed to explain how the injury impacts the ability to do the things the plaintiff says they can no longer do.
Such testimony may come from a medical doctor. It also may come from a psychiatrist or psychologist who may testify about PTSD, anxiety, panic attacks, etc., and the limiting and debilitating impact of these conditions.
Friends and family may also testify to how the injured party was before the incident, and how the person is after the injury incident.
Pre and post-injury photos and videos may also be helpful in establishing the lasting impact of an injury.
I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – While there, make sure you request a copy of our book “Fighting for Truth.”
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