Can You Sue Someone for Loss of Enjoyment of Life?
Can you sue someone for loss of enjoyment of life after a serious accident in NYC?
When you are injured in an accident, the first things people ask about are your medical bills and your return to work.
But at Greenstein & Pittari, LLP, we know that the true cost of an injury isn’t just financial.
It’s the missed Sunday morning bike rides in Central Park, the inability to pick up your grandchildren, or the loss of a hobby that defined who you were.
What Exactly is “Loss of Enjoyment of Life”?
New York law recognizes that a “serious injury” changes more than your bank account; it changes your daily experience.
This is a non-economic damage designed to compensate you for the intangible ways your quality of life has diminished.
Common examples we see in NYC cases include:
- Physical Limitations: You can no longer play sports, hike, or even walk long distances.
- Loss of Skill: An injury to your hands prevents you from playing an instrument or painting.
- Social & Family Impact: You can no longer participate in family traditions or social outings because of chronic pain or mobility issues.
- Psychological Barriers: Anxiety or PTSD from a car accident makes you fearful of everyday activities you once enjoyed.
The “Serious Injury” Threshold in NYC
If you were in a car accident in New York, you must meet the “Serious Injury Threshold” to sue for non-economic damages like loss of enjoyment.
Under NY Insurance Law § 5102(d), this includes:
- Permanent loss of use of a body organ, member, or system.
- Significant limitation of the use of a body function.
- A “non-permanent” injury that prevents you from performing your usual daily activities for at least 90 of the 180 days following the accident.
How Do We Prove a “Hidden” Loss?
Because loss of enjoyment doesn’t show up on an X-ray, we have to prove it through the story of your life.
We don’t just tell the jury you’re hurt; we show them what was taken from you.
| The Evidence We Use | How It Helps Your Case |
|---|---|
| “Before & After” Photos | Photos of you active and happy before the injury contrast with your current limitations. |
| Witness Testimony | Statements from friends or family who have seen how your mood and lifestyle have changed. |
| Expert Witnesses | Psychologists or vocational experts who can explain the long-term mental impact of your disability. |
| Personal Journals | Daily notes on the activities you tried to do but couldn’t because of pain. |
The “PJI 2:280.1” Factor: What the Jury is Actually Told
In NYC, “Loss of Enjoyment of Life” isn’t a vague concept; it is a specific legal instruction.
When a case proceeds through the personal injury lawsuit process to a trial, the judge reads Pattern Jury Instruction 2:280.1 to the jury. It tells them they must consider:
“The effect that the plaintiff’s injuries have on the plaintiff’s ability to participate in the activities which were a part of the person’s life before the injury.”
The Calculation: How Much is a “Good Day” Worth?
There is no fixed calculator for this. Instead, New York courts and insurance adjusters often use two methods to calculate a personal injury settlement:
- The Multiplier Method: Taking your total medical bills and multiplying them by a number (usually 1.5 to 5) based on the severity of your life changes.
- The Per Diem Method: Assigning a specific dollar value to every single day you have to live with these limitations.
As your attorneys, our job is to argue for the highest possible “multiplier” by documenting every single thing you’ve lost, from your career goals to your weekend hobbies.
Quick FAQ: Sue Someone for Loss of Enjoyment of Life
Here are some of our most asked questions.
1. Can I claim this if my injury is temporary?
Yes, as long as it meets the NY Serious Injury Threshold mentioned above.
If you were bedridden for three months and missed major life events, you are entitled to compensation for that specific period of loss.
2. Does age affect the payout?
Often, yes. A younger person who can no longer enjoy a 40-year career or a lifetime of sports may receive a higher award because the duration of their loss is longer.
This is a key part of how we maximize settlements after a serious accident.
3. Is this separate from “Pain and Suffering”?
In New York, “Loss of Enjoyment of Life” is technically a component of the broader “Pain and Suffering” award.
However, we highlight it separately during negotiations to ensure the insurance company doesn’t overlook it, especially in cases involving catastrophic non-economic damages.
4. Can I claim loss of enjoyment if I can still do the activity, but it just hurts?
Yes. New York law covers “limitations,” not just total loss.
This applies even if an MRI was normal, but you are still experiencing real, chronic pain that limits your “customary daily activities” under the law.
5. Will I have to testify about my hobbies?
Possibly. In a deposition, the defense will ask you about what you “can and cannot do.”
This is why we prepare you to speak about your life with specific examples, rather than just saying “I feel bad.”
Conclusion: Don’t Settle for Just Medical Bills
An accident takes more than just your health; it takes your hobbies, your routines, and your peace of mind.
At Greenstein & Pittari, LLP, we fight for the “Full Value” of your life, ensuring you are never “a victim twice.”
Whether you are navigating the 90/180-day rule or proving a Loss of Enjoyment of Life claim, we handle the legal battle so you can focus on healing.