An accident can drastically change your life in an instant. In some cases, victims may make a full recovery and return to a normal way of life after a short period of time. Unfortunately, some accident victims are left with permanent effects or disabilities that they must live with for the rest of their lives.
Accident victims often assert quality of life claims as part of the non-economic damages of a personal injury claim. Victims may be entitled to monetary compensation for these non-economic damages, including pain & suffering, quality of life, and more. Dig into the details below to learn more about quality of life claims and how they are calculated.
What Is Quality of Life in a Lexington Personal Injury Claim?
According to Merriam-Webster, quality of life refers to “overall enjoyment of life” or “general well-being.” For many individuals, this is a perfect definition. Many people equate their quality of life to their health, wellness, happiness, and general well-being. Others associate their quality of life with their wealth or their ability to make money.
As you can see, quality of life means different things to different people. There is no “one-size-fits-all” definition that works perfectly for everyone. Quality of life is a subjective term, although there are many factors that influence a person’s quality of life. Some of these factors include:
- Education, job choice, and the ability to earn a living
- The ability to have children
- The ability to participate in enjoyable activities or hobbies
- Standard of living
- Reputation in the community or social status
- Relationships with friends, families, and coworkers
- Overall physical and mental wellness
- The area where you live
- The ability to take care of your own personal needs and activities of daily living
A person’s quality of life naturally fluctuates throughout their lifetime as these factors change. However, a severe or catastrophic injury can have an instant and devastating impact on a person’s quality of life.
Factors That Affect Quality of Life Claims in Personal Injury Cases
No two accidents are the same, and similar injuries can affect people very differently. Quality of life claims must be evaluated based on the way the specific victim is affected. There are many factors that may be used to determine how a person’s quality of life has been affected. Those factors include:
- The victim’s age
- The impact the injuries have had on the victim’s ability to perform hobbies or other enjoyable activities
- A victim’s ability to eat, bathe, get dressed, or perform other activities of daily life
- The victim’s appearance before and after the injury
- How the victim’s relationships with friends and family have been affected
- The victim’s future medical outlook
- Any permanent effects, such as scarring or disfigurement, suffered because of the accident
All these factors must be considered when determining how an injury has affected a victim’s quality of life. Injuries that cause permanent damage or disabilities have a greater effect on quality of life, so those types of injuries are typically valued higher than minor injuries.
How Is the Value of a Diminished Quality of Life Claim Calculated?
Calculating the value of a diminished quality of life claim can be tricky. There is no exact formula that can be used because the value of these claims is subjective. However, a common method used to calculate non-economic damages is known as the multiplier method.
Using the multiplier method, a multiplier will be assigned to your claim based on the severity of your injuries. This multiplier may be assigned by a jury, an insurance adjuster, or someone else attempting to put a valueon your claim. The multiplier is typically between 1.5 and 5, and the higher numbers are used in cases involving more severe injuries.
Once the multiplier is assigned, the value of your economic damages is then multiplied by this multiplier. The resulting product is usually considered a good estimate of your total non-economic damages, including your diminished quality of life claim.
Consider an example to see how this may work in a real personal injury case. Suppose you are injured in a car accident and sustain moderate injuries, including whiplash and soft tissue damage. Now, suppose the economic damages you suffered in the case are $5,000, and the multiplier assigned to your claim is 2. The expected value of your non-economic damages would be $10,000.
Although the multiplier method is the most common way to calculate the value of quality of life claims, this calculation is not an exact science. It is often the starting point for negotiations of a settlement. An experienced personal injury lawyer can help put a value on your claim so that you do not undervalue your damages.
Schedule a Free Consultation With a Lexington Personal Injury Lawyer
If you have been hurt in an accident, you could be entitled to compensation for a quality of life claim. The insurance company will try to downplay your injuries and minimize the value of your claim.
Contact Ross Mann Personal Injury Lawyers today to let us help ensure that doesn’t happen. We will fight diligently to help you get every bit of compensation that you are owed, so contact our team of Lexington personal injury attorneys at (859) 413-3900 to schedule a free consultation.
