More often than not, personal injury claims are relatively straightforward. An individual is injured due to the direct negligence or recklessness of another and is legally entitled to claim compensation for their damages. Personal injury law covers car accidents, dog attacks, defective products, negligent property owners, and quite a few others. However, there are some instances when personal injury cases are not as straightforward.
When a senior files a compensation claim for a personal injury, their age can create a tricky situation. Age can be an impacting factor that may have an insurer insisting the senior should receive a lower settlement payout. The same is relevant when claiming from a business, retailer, or property owner. Regardless, suppose you have experienced any kind of personal injury. In that case, you should claim compensation with the help of a professional personal injury lawyer, as you will need to cover your damages. Here's how age could impact your personal injury claim.
The Probability Of Pre-Existing Conditions
Unfortunately, your compensation claim cannot cover the costs of any pre-existing conditions. And even if you are not claiming for such expenses, insurers and guilty parties may argue that your expenses are the direct result of pre-existing conditions as seniors are more prone to developing health conditions as they age. As a result, you will need to prove that your personal injury claim does not account for any pre-existing conditions. It is, therefore, best to rely on Lamber Goodnow Injury Lawyers, Chicago, or an expert personal injury lawyer near you to help you prove your damages. The best way to confirm that your injury is not the result of pre-existing medical conditions is to provide your lawyer with access to your medical history. You can also go for a thorough checkup to conclude the absence of health conditions that could have resulted in injury.
The Increased Chance Of More Severe Injuries
At the same time, older seniors are also more likely to endure catastrophic injuries from seemingly minor accidents due to their age. Unfortunately, an older individual is more likely to be seriously harmed in an accident than a younger individual. The combination of an increased chance of severe injuries and the likeliness of pre-existing conditions will make a claim significantly challenging to navigate as the guilty party will attempt to use these elements against you to pay a lower than fair compensation or nothing at all. However, this does not mean that receiving fair compensation is out of the question, as an expert personal injury attorney will know just how to compile a strong case on your behalf. You will need to collect as much valid and relevant evidence as possible to create a strong case against the negligent party. An increased chance of more severe injuries can also be used to argue the claim in your favor.
Other Unfair Perceptions That Could Affect Your Case
Unfortunately, younger plaintiffs in a personal injury case that are claiming pain and suffering damages tend to receive higher payouts, with the simple conclusion that more youthful individuals will experience the damages for longer. Of course, this factor seems irrational, and your lawyer will know how to maximize any pain and suffering compensation you might be claiming. With that said, your damages may be somewhat lower than a younger plaintiff as you may not have to claim for lost income as a senior. However, if this is the case, if there is no lost income, you will not be able to claim compensation whether you are a senior or a young unemployed individual.
The Importance Of Providing Your Medical History
In personal injury cases for younger individuals, only the medical record of the injury would be necessary. However, it will be beneficial to your case to provide as much of your medical history as possible without concealing or overlooking any ailments or conditions you may have. The more valid and relevant evidence you have to prove that the injury is not the result of a pre-existing condition, the stronger your case will be.
No matter how old you are or your current state of health and well-being, you are legally entitled to claim compensation after experiencing an injury due to negligence. Depending on the specifics of your injury, you might be able to claim from the guilty individual or business, and you might also be able to claim from your own disability insurance. While you cannot claim from policies such as life insurance, if you are insured, you will likely have access to compensation from disability insurance or personal liability insurance.