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QUANTIFYING THE LOSS OF ENJOYMENT OF LIFE (Pain and Suffering) IN DIFFICULT, PERSONAL INJURY CASES

Robert W. Johnson & Associates is the leader in providing attorneys with expert witness testimony and analysis that gives the jury a clear and simple mathematical method of calculating and placing a dollar value on the Loss of Enjoyment of Life. The goal of this calculation methodology is to provide - utilizing accepted economic concepts -- a clear and rational framework within which the Loss of Enjoyment of Life can be determined.

What is Loss of Enjoyment of Life?

The courts have historically and generally used a common definition of the Loss of Enjoyment of Life. However, two differing viewpoints have arisen as to whether it is a part of the general damages area called pain and suffering, or a separate and distinct element of general damages. The common definition of Loss of Enjoyment of Life is the loss that flows from physical impairments which limit a person's capacity to share in the amenities of life. A fuller definition is the deprivation or impairment of the senses or of a person's ability to engage in the activities and perform those functions that were or would have been a part of that person's lifestyle. It is within this latter definition that the Loss of Enjoyment of Life is calculated.

The Methodology

The Loss of Enjoyment of Life calculation methodology is a three-step process.
  • The first step is determining the 100% Loss of Enjoyment of Life utilizing generally adopted economic statistics and studies.

  • The second step is for the jury to determine the percentage (how much) of Loss of Enjoyment of Life that the person has suffered (loss) as a result of their injury (based on the evidence presented).

  • The third step is for the jury to determine the dollar value for the plaintiff's Loss of Enjoyment of Life by multiplying the 100% Loss of Enjoyment of Life value (step 1) by the percentage Loss of Enjoyment of Life that the plaintiff suffered (step 2).


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Loss of Enjoyment of Life:

PDF iconPersonal Injury Valuation Form



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Applications

The Loss of Enjoyment of Life calculation methodology can be used to quantify this area of general damages in personal injury cases for people who have suffered:

  • Severe burns

  • Severe back injuries

  • Other permanent injuries

  • Paraplegia

  • Quadriplegia

  • Brain damage

Litigation Results

The Loss of Enjoyment of Life calculation methodology has been utilized in litigation. In a case involving a 38-year-old brain damaged male, the Loss of Enjoyment of Life calculation methodology was presented successfully. In less than 30 days after we presented our Loss of Enjoyment of Life analysis at the deposition, the defense offer increased $1,700,000 (over 80%) and the case was settled. Another case involved a 28-year-old female "slip and fall" plaintiff. In less than 14 days after we presented the Loss of Enjoyment of Life deposition, the defense offer increased 50% and the case was settled.

Request this Service

To request this service, simply complete the necessary forms for your case and fax them to Robert W. Johnson & Associates at 650-494-2454.