What is a “loss of enjoyment of life” claim?

In Washington, when a person suffers a brain injury, they may be able to make a legal claim called a “loss of enjoyment of life” claim. This type of claim is used to seek compensation for difficulties that the brain injury has caused in the person’s ability to enjoy life. The “loss of enjoyment of life” claim applies to the “quality of life” of a person who has suffered a brain injury. For example, a person who used to go to the theater or take a walk in the park may no longer be able to due to the brain injury. They may be able to make a claim for the lost enjoyment of these activities, in addition to any financial or medical expenses. In order to make a “loss of enjoyment of life” claim, the person must demonstrate that their brain injury has caused a serious disruption in their ability to engage in activities that they would normally enjoy. This could mean showing an inability to participate in hobbies and activities they were interested in before the injury, or an inability to perform the daily activities they were able to do before, like walking, reading, or going to work. In Washington, courts assess the loss of enjoyment of life claims on a case by case basis. Different factors are taken into account and each person’s situation is evaluated individually. A successful claim is able to provide compensation for the loss of the person’s ability to reap the full benefits from life that they previously could.

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What is a “loss of enjoyment of life” claim?

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