If someone’s negligence caused your injury in Florida, you may be entitled to compensation for loss of capacity for the enjoyment of life.
You may also be entitled to money for other damages, but I don’t talk about those here.
The article focuses on Florida personal injury cases. Each state has different laws.
What is “loss of the capacity of enjoyment of life” also called?
Inability to lead a normal life.
Can you get money for loss of enjoyment of life if you were 100% at fault for causing your injury?
No. Someone’s negligence must have caused your loss of the capacity to enjoy life.
Tip: Even if you get a traffic ticket for causing the crash, you may still have a great case.
In Florida, Loss of Capacity for Enjoyment of Life is Different from Pain and Suffering
One type of damages is the diminished capacity for enjoyment of life of the limbs and organs of the body that nature has provided us with and are so essential.
What are examples of loss of the capacity for the enjoyment of life?
Let’s assume that before the accident you enjoyed dancing, playing cards, and otherwise mingling with people socially. You and your spouse were compatible sexually.
The accident has left you severely disabled him from a social standpoint. You can make a claim for loss of enjoyment of life.
What instruction will the jury be given for loss of capacity for the enjoyment of life?
You can ask a Florida jury to award you money for the loss of capacity for the enjoyment of life experienced in the past and/or to be experienced in the future.
There is no exact standard for measuring such damage. The amount should be fair and just in the light of the evidence. Florida Standard Jury Instructions (Civil) 501.2(a).
Can you ask a jury to award you money per day for the inability to lead a normal life?
In Florida, yes. Some Florida lawyers show a jury a chart that states the per diem (daily amount) with reference to an element of damages like inability to lead a normal life. This includes even a large chart.
It up to the trial court to decide whether to allow you to make a per diem argument. You should make a daily amount for your loss of the capacity to enjoy life to the insurance adjuster.
It may put things into perspective to the adjuster.
How much should you ask an insurer to give you for your loss of capacity to enjoy life?
Your demand should be based on the particular evidence in the case.
Does Florida recognize the loss of enjoyment of life as a separate category of damages?
Yes. Loss of enjoyment of life compensates the victim for the limitations on the person’s life created by the injury.
In a Florida Wrongful Death Case, Can the Decedent Get Money for Loss of Enjoyment of Life?
No. Degraw v. Gualtieri, 2013 WL 3462332*3 (M.D.Fla. 2013). However, certain family members may have a claim for mental pain and suffering and other damages.
Can a person in a coma get compensation for loss of the capacity to enjoy life?
Florida has not ruled on this yet. It is to be decided.
Does the defense get access to your mental health records if you make a claim for loss of enjoyment of life?
No, because it doesn’t put your mental or emotional condition at issue. You still get the psychotherapist-patient privilege under Florida Statute 90.503(4)(c).
The case that said this arose after the claimant sued for the defendant for personal injury arising out of a car accident.
In order for the defense to get your records, you have to place your mental or emotional state at issue.
Do insurance companies offer less money to older people for loss of enjoyment of life?
All things equal, yes. Sometimes the adjuster will argue that someone who is older, such as in their 70’s or 80’s, has a short time to live (such as 2 or 3 years to live).
They will argue that you can’t show a big inability to enjoyment life for older injured people. A good argument to make to the adjuster is that you have worked for your entire life or a long time so that you can enjoy your life (such as going golfing).
If you are an avid golfer, the inability to golf in your golden years is a big loss. If your parents lived into their 90’s, you can argue that you have a large life expectancy than the average person.
How to your make your loss of enjoyment claim stand out
When an adjuster looks at whether to settle, if you can show that your case is different than the average case. This may increase the settlement value.
The goal is to show what you’ve lost. For example, if you have a foot injury you can ask the adjuster to think about every step that he or she takes during the day.
If you have pain when you step, you can come up with a calculation of the amount of money that should be awarded per step that you take.
You can come up with similar comparisons for other body parts such as your hands, eyes, back or neck.
Can you get a Payout for loss of enjoyment of life in a Florida auto accident case?
Maybe. In most Florida auto accident cases, you need to have a threshold injury in order to get money for loss of the capacity to enjoy life.
Most commonly, this consists of having a permanent injury. Therefore, in most Florida car, truck, pedestrian and bike accident cases, you need a permanent injury in order to be entitled to money for loss of enjoyment of life.
However, there are plenty of exceptions such as if you are on a motorcycle, hit by a public bus, if a vehicle hits you while and you’re a nonresident pedestrian in Florida.
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