Quality of Life

When a person sustains an injury, it can profoundly impact the person’s quality of living. A diminished quality of life claim seeks compensation for the negative impact the injury has on the person’s life satisfaction. Diminished quality of life falls within the category of non-economic damages and is available in most personal injury cases. Read on to learn more.

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Types of Injuries that Impact a Person’s Quality of Life

Any type of injury can have an impact on your daily life. For example, a broken leg can cause you to be out of work and prevent you from engaging in certain activities. However, once the broken bone heals, you should be able to return to those activities.

Some injuries result in long-term disabilities and permanent injuries. These types of injuries can decrease a person’s enjoyment of life by preventing them from returning to their ordinary routines and activities. In addition, catastrophic injuries can result in conditions that prevent someone from caring for their personal needs.

Examples of injuries that could impact your quality of life include:

Losing your eyesight or hearing
Paralysis
Loss of bodily functions
Traumatic brain injuries
Loss of limbs and amputations
Spinal cord injuries
Injuries to internal organs
Severe disfigurement, scarring, and burns
Childhood injuries that result in cognitive, developmental, physical, or emotional delays or impairments

Any type of injury has the potential to decrease your enjoyment of life. A legal team can work with your physicians and medical experts to document the severity of your injuries and the extent of the damages caused by those injuries.

How Do We Define Quality of Life?

The term “quality of life” might mean something different to different people. For example, some people view their quality of life as the enjoyment they receive from relationships with other people or activities they engage in routinely. Other people may describe a high quality of life in monetary terms.

Things that we can look at to determine a person’s quality of living include:

The daily activities of the person
Health-related quality of life
The World Health Organization includes a person’s value system, culture, standards, and expectations
The person’s access to public health and health care options
The person’s dissatisfaction or enjoyment of life
The overall sense of satisfaction with living conditions

Even though quality of life can have varying definitions, the core concept is relatively clear.

What Factors Affect the Value of Your Claim?

It is challenging to place a price tag on someone’s loss of enjoyment of living. However, factors that help determine the value of your diminished quality of life claim include:

Overall health and wellbeing before and after the accident
Life expectancy before and after the injury
The prognosis by physicians and medical experts
The person’s work experience, education, and skills
The person’s age
Activities that an injured person cannot perform after the accident
Personality and social standing
Attempts by the person to mitigate damages and improve the quality of life after an accident
Physical appearance before and after the injury
Testimony from mental health professionals, family, and friends about how the injuries impact the person’s relationships with others
Ability to perform activities of daily living, including bathing, feeding, dressing, grooming, etc.
The pain, suffering, and stress caused by ongoing medical treatments

There could be other factors depending on the specific facts of the case and the person’s life before and after a personal injury. The changes in a person’s daily life are a significant indication of how an injury impacts quality of living.

Another significant factor is the person’s mental and emotional health. An accident or injury can result in PTSD, chronic anxiety, severe depression, and other emotional disorders that can be as disabling as a physical injury. The person may withdraw, which decreases their enjoyment of life.

Evidence Used to Prove a Decrease in Quality of Life

The insurance company for the at-fault party may challenge your claim. Non-economic damages can be challenging to prove because there is little to no physical evidence of your pain and suffering.

However, our skilled personal injury lawyers retain expert witnesses to evaluate your case. These witnesses provide expert opinions explaining how your injury has impacted your life.

We also work with you and your family members to document the changes in your life caused by the injury. Personal testimony from the victim can be very compelling. Likewise, testimony from individuals who were close to you before and after the accident can provide insight into the decrease in your quality of life.

Call Today for a Free Consultation With Our New York Personal Injury Lawyers

An accident or personal injury can significantly impact your life. You deserve compensation for all damages, including the impact on your quality of life. Contact our law office or call us at (212) 564-2800 to schedule a free consultation to discuss your legal options with an experienced New York personal injury attorney.