Factors Insurance Companies Consider When Evaluating an Oregon Personal Injury/Auto Accident Claim – Part Thirteen – Loss of Enjoyment of Life and Other Intangibles: Non-Economic Damages
An insurance company will consider a range of factors under the rubric of “non-economic damages” (or non-monetary damages), often referred to as pain and suffering. Contrary to popular belief, a loss caused by injury does not have to be strictly quantifiable in order for it to qualify for compensation. “Loss of enjoyment of life” is a good example of intangible factors that, clearly presented, can add value to a personal injury claim.
The main element insurance companies look for in a loss of enjoyment claim is that an injured claimant has sustained a “permanent impairment” under guidelines published by the American Medical Association . Your physician is able to create and document an assessment of permanent impairment. Earlier we discussed cases that deal with AMA specifics of permanent impairment. It is crucial that these documents and assessments are made properly. If done incorrectly they might not get you the settlement you deserve.
Many property owners find enjoyment in maintaining their property – be it washing a car, painting a fence, mowing a lawn, etc. Household upkeep is one of numerous enjoyable activities that insurance companies will consider in evaluating a damage claim, if it can be shown that an injured party’s ability to do the activity is permanently impaired. Also counting as a non-economic damage is an effect on a personal relationship from an injury. Although loss of enjoyment is not strictly quantifiable, if it is shown that a person’s impairment hinders them in an entire range of activities that they once enjoyed without hindrance, their loss of enjoyment of life can be regarded as correspondingly increased, and can be of increased value to a claim.
An experienced Oregon personal injury attorney knows how to help a claims adjuster do a thorough inputting of data that can add value to your claim. Area by area of non-economic damage, an experienced Oregon injury attorney can help you to build value for your personal injury case.