If you are injured in an accident, then you may be able to recover money damages for your injuries and other related losses. In Washington state, there are several types of harm that can be compensated through a lawsuit. This includes being injured in a car accident, getting sick from a bad doctor, or using a product that wasn’t safe. One major term used in personal injury cases is negligence, and negligence is the legal basis of many personal injury claims.
In Washington state, if someone is injured or dies because of someone else’s actions, that person can sue for damages. To win the case, they must prove that the other person was negligent or is protected under strict liability. Negligence refers to the conduct of an individual that led to an injury or other harm to another. Strict liability attaches liability to a defendant regardless of negligence and this type of claim primarily applies to harm from defective products.
If you are injured and someone else is also at fault, you can still file a claim and get money for your injury. Washington state law says that the amount of money you get depends on how responsible you were for the injury. You can still receive compensation for your injuries even if you were partly responsible. If you have been harmed in an accident, then it is important to speak to an experienced personal injury attorney.
What Type of Damages Are Available in a Personal Injury Case?
There are two types of damages that are potentially available for recovery in a personal injury case in Washington State, they are economic and non-economic damages. Economic damages refer to costs that can be easily calculated such as medical bills, property damage, or lost income due to missed work. Non-economic damages refer to costs that are not as easily calculated such as pain and suffering, mental anguish, and loss of enjoyment of life.
What is Loss of Enjoyment of Life?
If someone suffers a loss of enjoyment of life, then their injury has affected their ability to carry on and do the same activities as before the injury took place. This is a long-term consequence of the injuries suffered and this claim can be made as a non-economic damage loss that should be compensated by the defendant. Activities affected can be things such as participating in hobbies or social activities, physical activities, travel, work, or volunteer etc.
How Do You Calculate Loss of Enjoyment of Life?
It is straightforward to calculate economic damages, as you simply add up the costs incurred. Since non-economic damages such as the loss of employment of life are not easily calculated, the court will use many factors to determine what the appropriate compensation should be. Common factors that a court will use include:
- The age of the injured party
- The work history of the injured party
- The severity of the injuries
- The types of long-term harm the party has suffered
- The types of activities can the party no longer participate in
There are other factors that can be considered that might apply to your case. Make sure you speak to an attorney to review what your potential recovery might be.
What Kinds of Injuries Can Lead to the Loss of Enjoyment of Life?
Loss of enjoyment of life claims often arise from significant accidents that lead to catastrophic injuries. Common types of injuries that lead to loss of enjoyment of life claims include:
- Spinal cord harm
- Paralysis
- Harm causing blindness
- Harm causing deafness
- Burns
These are not the only types of injuries that can lead to a successful loss of enjoyment claim. Any significant and long-term injury or consequence of an accident can potentially result in a successful loss of enjoyment claim. Make sure you have your case evaluated by an experienced personal injury lawyer.
What are Some Other Related Non-Economic Damages?
Non-economic damages refer to losses and harm that are not measured in money. Common non-economic damages often include:
- Pain and Suffering– This is physical pain that you are currently experiencing or have experienced because of the accident.
- Emotional Stress– This is emotional pain, such as anxiety or depression, that you have suffered because of the accident.
- Loss of Consortium– If you are married, and your injuries from the accident have made it difficult or impossible for you to physically be together with your spouse, this can be included in your lawsuit.
There are several other non-economic damages that you can seek in a personal injury lawsuit, including pain and suffering, mental anguish, permanent disability, permanent disfigurement, loss companionship, loss of consortium, injury to reputation and humiliation. If you have legal questions, then call us at the Law Office of Sofia Miguel so we can help!
Sofia’s No Fee Guarantee
Attorney Sofia K. Miguel guarantees that you will never write a check to our law firm under Sofia’s “no fee guarantee.”
Consultations are free and if your case is selected, then Sofia will also cover all your court costs incurred during your personal injury case.
Sofia only gets paid when you do. Her services will cost you nothing out of pocket; simple as that. Let Sofia’s nearly twenty years of experience in helping people recover from their injuries get to work for you now.
If you or a loved one has suffered an injury due to an accident near Seattle, Puyallup, or Tacoma, WA, then contact us for an initial consultation with Sofia Miguel as she is ready to help you fight to get the money you deserve. Call us at 253-200-4471, come visit our office right here in Puyallup at 702 S. Hill Park Dr. #207, or contact us online anytime. We are here for you.
