Quality of life encompasses numerous factors contributing to someone’s overall well-being and enjoyment of life.
A decrease in quality of life occurs when an accident or personal injury has an adverse impact on one or more areas of life.
Diminished quality of life is often included in an accident victim’s non-economic damages when they file a personal injury claim.
A person’s quality of life encompasses much more than pain and suffering.
Quality of life includes, but is not limited to:
A personal injury or accident can have life-altering consequences for the victim. Their injuries can change aspects of their life they never expected to change.
For example, a car accident injury could prevent someone from being able to return to the career they had before the crash. However, the injury could also cause an impairment that prevents the person from having children.
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The multiplier method is a common standard used to calculate the value of reduced quality of life damages. It multiplies the value of a victim’s economic damages by a number between 1.5 and five to calculate the value of non-economic damages, including diminished quality of life.
The multiplier is chosen based on the extent of harm to the victim’s life caused by their injuries. The multiplier increases as the severity of the harm increases.
In personal injury cases, the insurance company and injured party typically negotiate the multiplier to use. If the case goes to trial, the jurors determine the multiplier used to calculate the personal injury victim’s diminished quality of life damages.
Many factors are used to determine how a personal injury impacts a person’s quality of life. Each person’s experience is unique.
However, factors used to determine how much an injury or accident impacts a victim’s quality of life include, but are not limited to:
The multiplier increases as the severity of the effects on everyday life increases. For example, suppose a person sustains a spinal cord injury that results in complete paralysis. Because their entire life changes, the multiplier might be five.
However, a broken bone that heals over a few months and causes no permanent damage could result in a multiplier on the lower end of the scale.
Modified comparative fault decreases the amount you receive for damages by your percentage of fault. If you are more than 50% to blame for the cause of your injury, you are barred from receiving any money for your claim. This Texas law applies to claims for diminished quality of life.
A diminished quality of life claim is part of your personal injury claim. The statute of limitations in Texas for most personal injury claims is two years. That includes motor vehicle accidents, medical malpractice, slip and fall accidents, and product liability claims.
However, there are exceptions to the general rule. For example, claims against government entities generally require that you provide notice of your claim to protect your right to sue within six months of the injury date. The City of Austin has a 45-day deadline for filing a notice of claim.
It is best to contact a lawyer as soon as possible after an injury. An attorney will determine the filing deadline for your case based on the facts and circumstances specific to your injury or accident.
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A personal injury can cause devastating injuries. You should be compensated fully for all damages, including your pain and suffering and diminished quality of life. Contact an experienced personal injury lawyer from FVF Law by calling (512) 982-9328 for a free consultation.
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