Loss of Quality of Life

claim the injured party can make for having his/her enjoyment of life decreased.

Loss of quality of life has the same features of other bodily injury claim. Most people can see value on losing the ability to lift one’s child, or having to live in a cheaper place, or having to take medicine all the time. The question once again is how much value? And the answer again will be only decided by a jury.

Insurance companies will try to settle loss of quality of life before it gets to court and so will the personal injury attorney. However, claim adjusters and defense attorneys do not look eye to eye in many aspects.

The real reason why there is a great disagreement over the value of loss of quality of life is because this claim is a complete gamble. The insurance company will always be taking a big calculated risk when putting their attorneys to the test with this claim.

It is a calculated risk because even in the worst case scenarios the insurance policy has a limit. The insurance carrier knows what is the most they would have to pay in this type of claim.

The defense attorney does probably know what the policy limits are (must request this on writing and it takes a little lawyering to get an insurance company to disclose this), but even in this case, the lawyer does not know how low the claim award will be, making it a very big risk. The value of the claim according to they jury could be less than the legal fee or the experts.

Making a loss of quality of life claim successful could be very hard because the insurance company will thrive in the inability to anticipate settlement, legal cost, legal fees, and expert testimony.

To be successful you must have to prove two thing s. You must prove what your quality of life is and what loss of quality ensued after the accident. This sounds
easy but it could be quite complex. I cannot lift my child anymore! This will be the claim of a mother.

The defense attorney will make the mother prove that she actually lift the child before and that she was indeed “enjoying” this. How good of a mother and spouse are you Mrs.

Injured Mother? We have here your ex-husband to testify about that! Many jurisdictions are moving away from this type of testimony, however it is very prevalent.

You will be surprise what defense attorneys will pull on you. They will try to drag your reputation trough the mud so you have not quality of life to show. It is simply strategy but this is a very common technique. They will employ this type of technique in loss of consortium claims as well. Bring ex-sexual partners to testify about sexual tendencies and/or “abilities”. You can see how difficult and embarrassing this will be.

The hardest part of this the loss of quality of life that the injured or victim person will be in their own trial. The defense attorney will prosecute the injured party to win the argument.

The second part of the strategy is legal cost. The plaintiff attorney will be spending thousands of dollars to defend the victim’s reputation, however how much more value is this adding to a loss of quality of life claim. It is very questionable that there would be much left after legal fees.

If you are considering making this claim, please contact an attorney. Usually Loss of Quality of life claims are common in permanent or severe injuries.

Loss of Quality of Life is a difficult claim to win in front of a jury. A loss of Essential Services claim could be easier to prove. Learn more.

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