Unlike other lawsuits, personal injury cases are usually straightforward. A persons’ negligence inflicts injury to a third party; the injured person files a claim and collects compensation from the insurance company. Cases with some gray areas may force the complainant to file a lawsuit. Unfortunately, this isn’t always the case.
Complications affecting personal injury cases may arise due to several factors. Advancing age is among the reasons your personal injury case stagnates. If the person affected by the injury is a senior adult, their age affects some aspects of the lawsuit. However, this doesn’t mean they shouldn’t pursue the case. Working with a Pennington Personal Injury Lawyer can help senior adults litigate their claims.
How Does a Senior’s Age Affect the Lawsuit?
Any person who sustains injuries due to accidents or other causes that qualify to be classified as personal injuries is entitled to a settlement that covers the cost of damages and associated issues. They can’t collect compensation for pre-existing injuries or health conditions. The defendants’ insurance company will try to raise an argument that most, if not all, of the injuries existed before the accident in a bid to lower the settlement amount.
Unfortunately, the insurance company will try insinuating that all the injuries or conditions present were pre-existing for seniors. This is because senior adults have more health issues than young people. Besides, they are more prone to serious injuries than young people. An accident that causes minor injuries to a young person might cause disastrous injuries to old adults.
Insurance companies and the defendants’ lawyers will want to take advantage of the combination of pre-existing conditions and a high likelihood of developing serious injuries to reduce the settlement amount. Fortunately, this ploy isn’t guaranteed, and a personal injury lawyer can prove that the seniors’ injuries were true due to the accident.
There are some cases where the senior citizen truly had pre-existing conditions, but the accident worsened the situation. Regardless, the injured person will still receive compensation for the injuries that worsened their existing conditions.
Other Age-Related Issues That Affect Personal Injury Cases
Apart from visible injuries, personal injury lawsuits often include compensation for pain and suffering endured by the affected person. Unfortunately, young plaintiffs tend to receive more compensation for pain and suffering than seniors. This is because young people will likely experience pain for a long period.
Loss of income or working capability is another thing that affects the outcome of personal injury cases. If the senior is retired or has a light work schedule because of their age, they won’t be awarded the same amount as someone with a full-time working schedule. However, juries often tend to be compassionate to old adults, and there is a chance of being awarded substantial amounts if the personal injury case ends in court.
Recent U.S census data estimates that 16.5% or 54.1 million Americans are aged 65 and above. While everyone is prone to accidents, there are specific injuries that most likely affect seniors. Unfortunately, most cases involving seniors go ignored or overlooked because of intimidation or personal capacity. If your senior adult sustained personal injuries, contact a personal injury attorney for help.