A severe car accident can impact your life in various ways, including lasting emotional and psychological distress. Such an impact can make it difficult for the victim to enjoy the daily activities or hobbies that they once enjoyed. Therefore, proving “loss of enjoyment of life” is important to secure the compensation you deserve for your intangible injuries.
If you are from Arizona, proving loss of enjoyment of life requires solid, documented evidence. You should be able to show how your injuries are preventing you from doing what you love, whether that is hobbies, sports, social events, or daily routines. This means providing medical records, personal statements, and sometimes expert opinions.
While victims have the right to get compensation, the procedure can be overwhelming, especially for people dealing with a bad state of mind already. Instead of handling it all on your own, you can get help from an attorney from CLS Law firm. With a legal expert by your side, you will feel less stressed and more confident about winning the case.
List of evidence to prove loss of enjoyment of life?
1. Personal testimonies.
Personal testimonies can help you in proving the extent of mental and emotional damage after a car accident injury. In your testimonies, you can state how your quality of life has diminished, give a list of activities that you can not perform right now, and the emotional distress you are experiencing after your injury.
For example, if, because of the bed rest, you are unable to play with your younger ones, you can tell the court how it has led to feelings of sadness and guilt. Moreover, testimonies from your close friends and relatives can also be helpful.
2. Medical documentation.
Medical records provide the details of the injury sustained, the treatment required, and the time period for recovery. These records can help doctors to establish a link between the injury and the loss of enjoyment of life. Moreover, reports from physical therapists can help prove how these injuries have affected your physical and mental abilities.
For example, a psychologist’s report can explain how the victim’s injury caused them to become depressed because they can no longer participate in some activities such as playing games, biking, and so on.
3. Expert testimony.
Using expert witnesses, such as mental health professionals, can help support your claim of loss of enjoyment of life. Testimonies from mental health professionals can prove how the restriction from taking part in various activities has resulted in anxiety, stress, or depression.
4. Daily life logs.
Daily life logs serve as a strong piece of evidence to justify your claim. Keeping track of your daily emotional and physical challenges because of missed family events, social gatherings, and routines can make your claim stronger.
Do not forget to record these challenges every day. These can reflect your emotional response, such as feelings of sadness or isolation due to the losses.
Challenges in proving lost enjoyment of life
Unlike physical injuries, emotional stress and damage can not be obtained through medical records and documents as these are intangible.
Victims may find it difficult to present solid evidence to prove their mental and emotional state after the injury. Therefore, the difficulty in quantifying these losses can cause problems for the jury as they will not be able to understand your situation and the extent of your suffering fully.
Moreover, emotional pain is subjective, and it greatly varies from person to person. This variability makes it difficult to establish a clear standard for compensation. Insurance companies often take advantage of these. They can argue that the victim is exaggerating their mental or emotional suffering and thus undermine the credibility of the claim.
Get compensated for your emotional stress!
Your emotional and psychological injuries are as important as your physical ones. Consult with an attorney today to protect your rights!