It is not uncommon for injury victims to suffer devastating physical and psychological trauma as a result of their involvement in a severe accident. One of the lesser-known types of losses you may be able to recover compensation for is known as diminished quality of life.
However, since quality of life can vary widely on a case-by-case basis, calculating the value of your damages could prove challenging.
What Is Included in Diminished Quality of Life Damages?
Compensation for diminished quality of life includes more than restitution for your physical pain. It should include all of the ways your entire life has been affected by your injuries, as no amount of compensation will make up for the reduced quality of life you experienced due to your injuries.
Unfortunately, there is no way to accurately quantify these losses, as they affect each person’s life differently. For this reason, it is essential for your attorney to go over, in detail, how your life has been affected. This way, you can recover maximum compensation for your damages.
Compensation for reduced quality of life often includes restitution for your:
- Physical pain and suffering
- Humiliation
- Anticipation or fear
- Excessive worry
- Indignity and shame
- Damage to your reputation
- Loss of an organ or limb
- Losing the ability to have children
- Disfigurement, mutilation, skin scarring, or deformities
- Disgrace
- Loss of companionship and love
- Loss of affection from someone else
These are only a few of the damages that encompass diminished quality of life. If you are no longer able to participate in activities you once found joy in, you may have the right to compensation for your damages.
How Are Diminished Quality of Life Damages Calculated?
Since there is no set value on diminished quality of life, you may wonder how your lawyer will accurately calculate the value of these losses. Every case must be evaluated individually to ascertain what your diminished quality of life is worth.
Some of the factors that your personal injury attorney may take into consideration include:
- Your age
- Your work history
- The severity of your injuries
- Any effort you made to mitigate your losses
- The expected future impact of your injuries
- Your educational background
- Where are you live
- Whether you share fault for your injuries
- Any witness testimony
- Your appearance
- Whether you were insured at the time of the accident
- Whether your attorney has proven liability for your damages
- Whether the liable party accidentally or intentionally cause your injuries
- Your socioeconomic status
Proving Diminished Quality of Life Damages in Your Case
Since diminished quality of life can impact each person differently, it will be important to present evidence showing the jury and judge that you are entitled to the compensation you seek.
Your lawyer will be prepared to introduce witness affidavits, expert testimony, and other evidence to place a financial value on your damages.
One of the ways experts can calculate reduced quality of life is by determining the amount of money companies spend on safety equipment and devices designed to reduce injury or death and multiplying that number by the percentage of reduced quality of life you have experienced.
Alternatively, your lawyer could use the per diem or multiplier method to calculate the value of your non-economic damages.
Diminished Quality of Life Damages Aren’t Punitive
It should be noted that compensation for diminished quality of life is not a punitive loss. This means you are not being compensated for this loss as a way of punishing the defendant for their conduct. Punitive damages are not a loss you are entitled to recover.
Instead, the court systems imposed them to set a punishment beyond the compensatory damages you are entitled to repayment for. You are entitled to compensation for your diminished quality of life, but you are not necessarily entitled to compensation for punitive damages unless the court system finds the defendant’s actions intolerable, grossly negligent, or reprehensible.
Contact a New York Personal Injury Lawyer for Help Today
If you hope to get the most out of your claim for diminished quality of life, having a reputable New York personal injury attorney on your side could make all the difference. With HKD advocating for you, you can heal from your injuries while we work to ensure you are compensated reasonably for your damages.
Our years of experience handling cases like yours give you an edge with the insurance company and in court. Start working on your insurance and civil claims as soon as today when you call our office at (212) 490-5700 or complete our quick contact form.
CLIENT REVIEWS
05/01/2015
“I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome of my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
5
Mike, HKD CLIENT
05/01/2015
“I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise, knowledge of the law, and more importantly – his ability…
5
Steven, HKD CLIENT
06/05/2019
I had the opportunity of having this amazing team of lawyers work on my case. When I first met with Jordan Hecht and Michael Kusz, I really liked their energy and the spunk that they had, it meant business and…
5
Anonymous, HKD CLIENT
07/05/2015
I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome to my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
5
Mike W., HKD CLIENT
07/05/2015
I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise and knowledge of the law and more importantly his ability…
5
Steven B., HKD CLIENT
07/05/2015
I have worked with countless attorneys over the years and Jon Damashek stands out among them. I have seen first hand him advocate for his clients vigorously. He fights for the rights of the seriously injured, does not back down…
5
Wendy B., HKD CLIENT
07/05/2015
I know all three named partners at this firm and highly recommend them. They are very professional and tireless advocates for their clients. If you need a personal injury attorney, you cannot do better than Hecht, Kleeger & Damashek.
5
Eric G., HKD CLIENT
07/05/2015
After meeting with Jon Damashek I knew immediately he was the right attorney for me. I had met with other attorneys in the past, but Jon’s experience, knowledge, and track record were most impressive. I highly recommend Jon Damashek and…
5
Ryan G., HKD CLIENT
07/05/2015
After meeting a half dozen lawyers at different firms, I decided to go to Hecht, Kleeger and Damashek. As soon as I met Jon Damashek, I knew I had to look no further. Mr. Damashek made me feel at ease…
5
Michael R., HKD CLIENT
07/05/2015
I retained Hecht, Kleeger & Damashek for a serious personal injury case. They were very professional and managed to obtain a settlement for me that far exceeded my expectations. I would strongly recommend this firm for anyone’s legal needs.
5
Peter M., HKD CLIENT