What Is Loss of Enjoyment? What Factors May a Jury Consider?
In New Jersey, when you have suffered injury and/or loss because of the carelessness or negligence of another person, you have a right to seek compensation for both liquidated and unliquidated damages. Liquidated damages are those that are tangible and easy to calculate, such as lost wages, unreimbursed medical expenses and property damages. Unliquidated damages, which are often the largest measure of damages, are those losses that are less certain and more difficult to calculate, such as pain and suffering, loss of consortium or companionship, and loss of enjoyment of life.
What Is Loss of Enjoyment of Life?
In New Jersey, the law allows an injured person to seek compensation for the “loss of enjoyment of life,” which is commonly defined as loss of the ability to pursue “normal pleasure and enjoyment.” This measure of damages is intended to represent the monetary value of being deprived of the ability to engage in the activities of a whole (and uninjured) person. It may include the simple activities of daily life, such as participating in social events with family and friends. It can also include loss of the ability to enjoy hobbies or recreational activities, to travel, to engage in volunteer work or to pursue a career.
When calculating the amount of compensation for loss of enjoyment of life, a jury may consider a wide range of factors, such as:
- The injured party’s age
- The hobbies and other activities the plaintiff participated in before the accident
- Any family responsibilities of the injured party
- The nature and seriousness of the injury
- The anticipated duration of any disability or inability to engage in activities
Contact the Law Office of Howard D. Popper
At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after a personal injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.
We handle all personal injury claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.