What is Loss of Enjoyment of Life?
The courts have historically and generally used a common definition of the Loss of Enjoyment of Life. However, two differing viewpoints have arisen as to whether it is a part of the general damages area called pain and suffering, or a separate and distinct element of general damages. The common definition of Loss of Enjoyment of Life is the loss that flows from physical impairments which limit a person’s capacity to share in the amenities of life. A fuller definition is the deprivation or impairment of the senses or of a person’s ability to engage in the activities and perform those functions that were or would have been a part of that person’s lifestyle. It is within this latter definition that the Loss of Enjoyment of Life is calculated. The Methodology The Loss of Enjoyment of Life calculation methodology is a three-step process. • The first step is determining the 100% Loss of Enjoyment of Life utilizing generally adopted economic statistics and studies. • The second step is for th
