Damages and Valuation
Injury Damages
This component addresses inability to participate in activities the claimant previously enjoyed. Some jurisdictions treat it as a separate element while others fold it into pain and suffering.
Whether awareness is required is contested.
Alternative Names:
Loss of Enjoyment, Diminished Quality of Life
Why it Matters?
Whether the element is separate or subsumed matters for verdict form design, since separate itemization can produce a larger total by prompting the jury to award twice for overlapping harm. Requesting a single non-economic damages line rather than itemized categories is the defense preference where the jurisdiction permits it. The awareness question also arises in catastrophic cases involving unconscious plaintiffs.
Frequently Confused with
Related terms
Frequently asked questions
Why does separate itemization matter?
Is awareness required?
