How a Senior's Age Can Affect Their Personal Injury Lawsuit

The roadways are populated by forty million drivers who are 65 or older. Unfortunately, These senior drivers are more susceptible to serious injuries in car accidents. Additionally, they tend to deal with prolonged pain post-accident and often face difficulties securing the complete compensation they require, as insurance firms may assert that their injuries existed before the accident.

This is precisely why seniors who suffer injuries in car accidents need the help of a skilled personal injury lawyer. Keep reading to better understand this process and the obstacles seniors often encounter in pursuing rightful compensation.

Comparative Negligence Application

The aspect of liability partly determines injury compensation. Both plaintiffs and defendants can sometimes be held accountable in injury cases. For example, in Indiana, the law employs a system of modified comparative negligence to decide on compensation in such scenarios. This system implies that you are only eligible for damage recovery if your responsibility for the mishap doesn't exceed 49 percent.

However, it's improbable for the court to apply comparative negligence laws when it involves seniors. The older the senior, the less likely the court will consider their actions as contributing factors to the accident.

For instance, if an adult slips and falls while running on a slippery shopping floor, the court might conclude that they played a part in their injury due to running. However, this kind of determination is unlikely if the victim is an old person, say, eighty years old. Hence, the negligent party will likely compensate the entire damages in such a case involving the senior. 

Claim Filing

The impact of pain and suffering on the value of a personal injury claim is significant. Some argue that pain is universal, irrespective of age. However, the effect of an injury's pain varies depending on the individual's age.

For instance, a young individual (below 35 years) who sustains a severe injury like spinal cord damage will likely endure more pain and suffering throughout their life than an older worker (over 60 years). In a personal injury claim, a judge or jury may often award a younger person higher compensation than an older one, given the same injury, as the former has to bear the injury's consequences for longer.

However, for a younger person to recover from an injury quicker than an older one, which could decrease the value of their claim. It's challenging to definitively state how age influences a personal injury claim. It's impossible to precisely predict its impact on such a claim. 

Seeking legal assistance is very helpful; if you live in Indiana, the best approach to understanding this would be through consultation with Schuerger Shunnarah Trial Attorneys in Indianapolis.

Health Care Costs for Seniors

The research highlighted by AAA indicates a surge in car accident fatality rates post the age of 70, with drivers over 85 being the most susceptible to fatal outcomes following a car accident. 

The types of injuries experienced by elderly drivers often mirror those suffered by younger drivers, including fractures, head, back, or neck trauma, muscle strains, and bruising. However, due to their advanced age, these injuries tend to have more lethal outcomes for senior drivers. 

As stated by AAA, older drivers often have more fragile bones, increasing the likelihood of fractures, and may have pre-existing health conditions like diabetes or heart disease. In instances of car accidents involving elderly drivers, the compensation necessary to cover the medical costs and expenses related to the accident can be considerably higher than those involving younger drivers, acknowledging the unique vulnerabilities and needs of this demographic.

Endnote  

Irrespective of how old you are, you must consult a personal injury lawyer promptly if you've been harmed due to another's irresponsibility. If you're of a more mature age, don't let concerns about your age impact your case. Allow your attorney to guide you in submitting your injury claim to ensure you obtain the recompense you are rightfully owed.