Making A Case For Diminished Quality Of Life
Our personal injury attorneys at Stanley Law Offices have seen firsthand how catastrophic injuries can have a grave impact on victims’ families and their quality of life. When a person is injured due to someone else’s negligence, they may be entitled to recover both economic and noneconomic damages. Diminished quality of life (DQL) is considered a noneconomic damage and can be challenging to recover.
What Is Diminished Quality Of Life?
In personal injury law, quality of life refers to a person’s general physical and mental health, overall well-being and ability to perform common tasks and enjoy everyday life. When an injured person’s quality of life is diminished, it means they are unable to enjoy life in the same way they did before being injured. From being able to perform mundane tasks like bathing to the ability to earn a living to recreational activities, many different factors are taken into consideration when looking at an injured person’s quality of life.
Diminished Quality Of Life Is Different For Everyone
Injuries that can severely inhibit a person’s ability to enjoy life include loss of limbs, traumatic brain injury, becoming paralyzed, and scarring or disfigurement. Emotional and mental conditions such as PTSD, anxiety disorders and depression can also lead to a significantly diminished quality of life.
These types of damages are deemed purely subjective in nature. Each person’s experience is unique, and there is no verifiable way to determine their exact losses. For example, a mom who is unable to play with her children due to an amputation injury may experience a diminished quality of life, while a single guy who can no longer go fishing may also feel that his quality of life has been diminished by his injury, just in a different way. Diminished quality of life damages may also include:
- Diminished ability to engage with family and friends
- Inability to attend social events
- Inability to enjoy hobbies and other gratifying activities
- Feelings of inadequacy, humiliation and isolation
Placing A Dollar Value On Diminished Quality Of Life
It’s tough to place a monetary value on someone’s quality of life. There are many factors that must be considered when determining an appropriate compensatory amount for DQL, including:
- Efforts made by the victim to mitigate any losses
- The severity and type of injuries
- The injured person’s appearance
- Age of the injured person
- Educational background
- Work history
- Socio-economic status
- Geographic location
- Impact of the victim’s injuries on spouse, children and other family members
- Expected future consequences of the injury
- The nature of the defendant’s negligent act
How A Personal Injury Attorney Can Help
Recovering DQL damages requires the counsel and advocacy of an experienced personal injury attorney. Creating a persuasive argument for the losses you have suffered is vital; however, without the assistance of an attorney, an injured victim may make excessive claims that are not supported by the evidence and undermine their claim for damages altogether. A skilled personal injury attorney will develop effective strategies to convince a judge or jury of the significance of the damages you have sustained and how they affect your quality of life. Because DQL damages are inherently subjective in nature, there is no formula for calculating compensatory amounts. A seasoned attorney will understand how to use the criteria mentioned above to calculate the maximum amount of damages you may be entitled to recover.
Contact An Experienced Personal Injury Attorney
Diminished quality of life doesn’t have to be a stumbling block to your happiness. If you’ve been injured or have lost a loved one in an accident that was caused by someone else’s negligence, our personal injury attorneys can help you recover maximum compensation for your medical bills, lost income, pain and suffering and other damages. Contact Stanley Law Offices online or call 800-608-3333 to schedule a FREE consultation. Se habla español.