Physical Impairment and Loss of Enjoyment of Life
A permanent or long term physical impairment is not only difficult to accommodate, it weighs on a person’s emotional and financial well-being. Having to endure the consequences of not being able to enjoy the same lifestyle in Houston prior to being injured as a result of a mistake by a medical professional, or due to a motor vehicle accident, or industrial or construction accident, is known in Texas as “loss of enjoyment of life”, or “physical impairment” for which you may be entitled to recover.
We answer your questions regarding physical impairment injuries – just contact us for a free no-obligation consultation.
How Does Physical Impairment Affect Life?
A physical impairment prohibits you from engaging in the same activities you enjoyed prior to your injury. You may no longer be able to play or pursue the same sports, or you may no longer be able to dance or play a musical instrument.
You may even be restricted from engaging in the same domestic, social, and religious activities or to the fullest extent as enjoyed prior to your accident. Your loss of enjoyment of life may stem from no longer being able to bear children. Physical impairment generally refers to losing a part of your lifestyle and a jury is permitted to award damages for physical impairment for its expected duration.
Types of Injuries in Houston Resulting in Physical Impairment
Physical Impairment can be result of any personal injury matter including, car accidents, truck accidents, and other personal injuries. A “physical impairment” in simple terms means that you physically cannot do what you did before the accident and can include:
- Back injuries that not only cause pain but also limit your mobility.
- Injuries to the limbs such as arms or legs that limit your ability to walk, run or participate in your favorite sporting activities.
- Hand injuries that limit your grasp of items or even limit the use your hands to earn a living.
- Eye injuries.
- Internal injuries that limit your physical activity.
- Brain injuries that affect your mental capacity or other functions
Showing Physical Impairment in a Personal Injury Case
Some Texas courts refer to your loss of enjoyment of life as a hedonic damage to which you should be entitled to compensation. Certain individuals, referred to as expert, are specially trained in evaluating a person’s pre-injury and post-injury lifestyle and are capable of breaking down for a jury the type of loss you suffer in four particular categories, as follows:
- Decreased ability to enjoy everyday activities
- Decreased self-esteem
- Decreased ability to appreciate social interaction
- Decreased ability to engage in meaningful employment
The expert can then analyze the degree of your loss in one or all of the above categories and attempt to assign a dollar value to that loss. Our skilled Houston personal injury lawyers can properly present your loss of enjoyment of life to a jury. If you or a loved one has been the victim of an injury caused by the negligent actions of another, contact Michael P. Fleming & Associates, P.C., former Harris County Attorney today. Call 713-221-6800.