Serious injuries can affect a victim’s ability to go about their everyday life or take part in their favorite activities. Due to their injuries, they can suffer the loss of their enjoyment of life — a loss that South Carolina law recognizes as compensable. However, can you sue someone for loss of enjoyment of life in South Carolina?
The short answer is yes. If your quality of life has diminished because of an injury you suffered through someone else’s legal fault, you can demand that person compensate you as part of your personal injury lawsuit against them. Here’s what you need to know about these personal injury claims.
What Is Loss of Enjoyment of Life?
The term “loss of enjoyment of life” refers to how accident victims’ injuries affect their quality of life. It falls under the general category of pain and suffering, or general damages. These damages reflect the subjective aspects of an injury.
General damages are distinct from specific damages, which compensate a victim for tangible costs like medical bills, property damage, and lost income. While the loss of enjoyment of life may not have a dollar value attached to it, South Carolina law recognizes that it is every bit as real a loss as those that do.
What Are Some Injuries That Can Result In Loss of Enjoyment of Life?
Practically any injury that can affect a victim’s daily life or emotional well-being could result in a loss of enjoyment of life.
Some of the most common injuries include the following:
- Spinal cord injuries — Spinal cord injuries can result in mobility impairment or even paralysis, limiting an individual’s ability to move or care for themselves.
- Traumatic brain injuries (TBI) — Cognitive impairments, memory loss, or mood changes can disrupt personal relationships and the ability to care for oneself.
- Amputations — Losing a limb can affect a patient’s mobility, balance, and ability to interact with items like musical instruments or sporting equipment.
- Severe burn injuries — Physical pain and disfigurement can lead to a reluctance to participate in social events or outdoor activities due to self-consciousness or physical limitations.
- Vision or hearing loss — Losing a sense can drastically affect one’s daily life and the ability to enjoy previously accessible activities, such as watching movies or listening to music.
- Chronic pain conditions — Persistent pain reduces stamina and can make it impossible to participate in certain activities entirely.
- Psychological injuries — Post-traumatic stress disorder (PTSD) or severe anxiety stemming from an accident may deter individuals from public gatherings, traveling, or social settings.
What Types of Activities Might Loss of Enjoyment Damages Cover?
A serious injury can affect virtually any part of life, from the simple joys of everyday life to the profound experiences we treasure.
Loss of enjoyment can cover the inability to take part in activities like:
- Physical recreation activities like sports, hiking, running, swimming, or dancing
- Hobbies and pastimes, such as painting, playing musical instruments, crafting, or gardening
- Social activities, from attending family gatherings and celebrating holidays to going to parties or meeting friends for meals
- Vacations and other recreational travel
- Intimate and family relationships with loved ones and friends
- Work opportunities and long-term hope for career advancement
- Daily pleasures like walking the dog, playing with children, cooking, or shopping.
Ultimately, the specifics of a loss of enjoyment claim will depend on the injured person’s personality and what they find pleasurable in life.
How Do You Prove Loss of Enjoyment of Life in South Carolina?
Proving a claim for loss of enjoyment of life takes considerable evidence about life before and after an injury.
This evidence could include some or all of the following:
- Medical records outlining the severity and long-term effects of the injury, including physical limitations, chronic pain, or psychological conditions like depression or PTSD
- A detailed account from the injured individual describing how their life has changed since the injury and the emotional distress they have suffered, including notes of activities they can no longer participate in or enjoy
- Statements from family, friends, or co-workers attesting to the injured person’s lifestyle and interests before and after the accident
- Photos or videos showing the injured person engaging in hobbies, sports, or social activities before the accident, contrasted with their current inability to do so
- Reports from therapists or counselors that detail the emotional toll of the injury and its impact on the person’s ability to enjoy life.
An experienced personal injury lawyer can gather and use this evidence to build a compelling case for your diminished quality of life.
How Is Loss of Enjoyment of Life Calculated in South Carolina?
Loss of enjoyment of life is an inherently subjective experience. No perfect formula exists in personal injury law for putting a dollar value on it. For personal injury cases that go to trial, juries have broad discretion to weigh the evidence and decide on a value they think is fair, using their lived experience as a guide. For cases that settle out of court, an injured party’s attorney will negotiate with a liable insurance provider to arrive at a figure acceptable to both sides.
Typically, insurance adjusters rely on formulas like the multiplier method to determine general damages. This method involves taking the value of specific damages and multiplying it by a number between 1.5 and 5, with a higher number reflecting more acute pain and suffering. The resulting amount accounts for the total settlement offer.
How Long Do You Have to Sue for Loss of Enjoyment of Life in South Carolina?
An injured party’s overall personal injury lawsuit includes loss of enjoyment claims. Under South Carolina law, any lawsuit stemming from personal injury must be filed within three years of the date of the underlying cause of action, with a few limited exceptions. In other words, you will likely have three years from the injury date to sue for loss of enjoyment of life in South Carolina.
Contact a South Carolina Personal Injury Attorney Today
At McKinney, Tucker & Lemel, LLC, we are proud of our tradition of helping people in York and Lancaster Counties, which dates back to 1977. If you are looking for an attorney who offers compassion, attention to detail, cost-effective advocacy, and an open communication style, don’t hesitate to contact us for a free consultation. A South Carolina personal injury lawyer with our firm is standing by to answer your questions about loss of enjoyment of life claims.
