Personal injury claims are complex. While many victims focus on immediate financial expenses, another aspect often gets overshadowed.
These are “quality of life” damages as well, and they can add up to a significant amount. But what exactly are they? The lawyers at The Law Firm of Alton C. Todd have helped victims secure this important form of compensation in Friendswood, TX.
What Are Quality of Life Damages?
Quality of life damages are part of a victim’s “non-economic damages.” This type of damages is difficult to measure because it does not have a simple cash value. Quality of life damages compensate you when you sustain injuries that affect your ability to perform daily activities, enjoy life, or perform daily functions.
The National Safety Council estimated quality of life damages from unintentional injuries were valued at $5,844.6 billion in 2021.
What Is Included in Quality of Life Damages?
Quality of life damages refer to the impact your injuries and accident have had on your daily life. For example, if you now have a disability that limits the type of activities you are able to participate in, you can claim compensation for this.
These damages are very broad in nature. If your injuries have negatively impacted your daily life in almost any sense, you can recover compensation as a result. They are also sometimes referred to as “loss of enjoyment of life” damages.
How Do You Value Quality of Life Damages in Friendswood, TX?
It is challenging to value quality of life damages. After all, what is the value of pain and suffering? Without bills or receipts, Texas lawyers conduct a multi-faceted analysis. This requires weighing:
- Injury Severity: Severe injuries typically have profound disruptions in daily life. Some require weeks, months, or years to recover from. More severe injuries correspond to more substantial quality of life damages.
- Duration of Suffering: Duration of suffering is an important factor. A short-term injury, while painful, may not have the same lasting impact as a permanent disability or disfigurement.
- Victim Age: Younger individuals may receive more compensation. This is because they are expected to endure the loss longer than adults.
- Daily Life Impact: Experts will conduct an assessment of your daily functioning. They may also testify about how the injury affects key aspects of your life. This includes your ability to perform routine activities and maintain relationships.
- Comparative Analysis: Lawyers look to past verdicts and settlements as a guide for future ones. Cases similar to yours may foreshadow the damages you can expect in your case.
No two personal injury cases are the same. A personal injury lawyer can help you evaluate the damages that may apply to your case.
What Is the Limit on Quality of Life Damages in Texas?
Texas recognizes the impact of non-economic damages. The state allows victims to recover unlimited damages in most civil lawsuits, including for car accidents, construction accidents, or product liability cases.
There is an exception for specific medical malpractice claims against a physician or health care provider. In these situations, there is a $250,000 cap on the compensation you can secure for non-economic damages. A personal injury lawyer can help if this cap applies in your case.
How Can a Lawyer Help Me Get Quality of Life Damages in Friendswood, TX?
Quality of life damages are subjective. An experienced personal injury lawyer can evaluate a claim for quality of life damages after a car accident, construction accident, or medical malpractice case.
Your lawyer will also play an important part in proving your damages by:
- Consulting with Experts: Experienced lawyers collaborate with medical professionals, therapists, and psychologists. These professionals can evaluate your prognosis and present evidence about the impact of your injury on your physical and emotional well-being.
- Collecting Evidence: Evidence is the backbone of a quality of life damages claim. From reviewing medical records to eliciting testimony from friends or family, personal injury lawyers ensure that your accident’s physical and emotional toll is captured.
- Engaging with Insurers: Insurance companies pay many personal injury claims. However, to minimize payouts, many downplay quality of life damages. A seasoned lawyer can argue the effects of your injuries and use strategic negotiation skills to counter insurers.
Your lawyer will also help prove your quality of life damages to a judge or jury if your case does not settle.
Consult a Personal Injury Lawyer in Friendswood, TX
Quality of life damages are integral to personal injury claims in Friendswood, Texas. These damages underscore the personal, emotional, and psychological upheavals victims experience post-accident. While no monetary amount can truly compensate for such losses, compensation is important in facilitating the healing process. It also helps victims adapt to a new normal.
If you or a loved one has been injured because of someone else’s negligence, The Law Firm of Alton C. Todd can help. Contact or call an experienced Friendswood personal injury attorney at (281) 992-8633 to discuss your case and whether a claim for quality of life damages is right for you.