Damages for Physical Impairment Caused by Personal Injury is a Recoverable Element of Damages

Physical impairment is defined generally as a substantial change to the injured party’s former lifestyle that goes beyond loss of earning capacity or mere pain and suffering. It includes the loss of the ability to participate in activities such as walking, climbing, running, dancing and other recreational and social activities. For example, the cyclist who can no longer enjoy the frequent rides that were so meaningful in his or her life may well have a powerful claim for physical impairment damages. Juries will be asked to separately value physical impairment damages from all other recognized elements of personal injury damages. You are encouraged to work closely with your personal injury attorney in presenting all facts to the activities you can no longer do as a result of your injury.
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