fasig brooks law firm
Accidents are something nobody ever wants to experience, but they seem to be an inevitable part of life. And if any victim of an accident can feel overwhelmed and stressed by what happened, there is good reason to believe that older adults might feel even more so. Age plays a role in these cases because the older one gets, the greater the possibility that other health issues might be present even before the accident takes place. There may be a host of preexisting conditions which may make their claim more complicated and difficult to prove. On the other hand, the injuries might be more severe and extensive, and the claim might end up being worth even more.
What are the most common injury scenarios for seniors?
Older adults can suffer injuries in the same ways as the rest of the population. The majority, however, fall within these three scenarios:
- Vehicle accidents
- Slip and falls
- Fires and burns
Why does age play a role in the severity of these injuries?
Age plays a role because seniors tend to experience the following risk factors:
- Lower bone density
- Less body fat
- Loss of vision or hearing, or both
- Less agility
- The use of devices to assist them with mobility
- Certain medications
- Preexisting health conditions
Complications may show up at the time of the accident, when the individual is transported to the hospital and is sedated, or after surgery, making their current state of health quickly take a turn for the worse. There may be infections, blood clots, mental confusion, and a longer time for injuries to heal, among the potential complications.
Should you forgo the possibility of filing a claim due to a preexisting condition?
If you are a senior and have suffered an injury, having a preexisting condition should not keep you from filing a claim against whoever acted negligently towards you and caused your injuries. Insurance companies cannot use the fact that you have a preexisting condition to offer you a lower amount or deny your claim.
If your insurance is denying your claim, what you need to do is hire legal representation. This should help maximize the compensation you end up receiving.
How can your lawyer help maximize compensation?
In cases of injuries involving seniors, your attorney can use your medical records, backed up by testimony from medical experts, to prove your claim. They will clarify the fact that although you have another condition or even an old injury, the injury you suffered now is unrelated to the past. Your current losses are the direct result of your present injury. In all cases, it is important to fully disclose any preexisting condition to your attorney and to the insurance company.
Age and Compensation
Age should not play a role in the possibility for a personal injury victim to receive compensation for injuries. Regardless of their age, when an individual suffers an injury due to the negligence of another person, all costs related to the process of dealing with the injuries become part of the economic damages that are sought. However, when someone younger suffers a similar injury, they may also be able to claim damages for past and future wages lost. In cases where seniors are involved, claims for lost wages will most likely be minimal or non-existent.
However, seniors may do better in the area of non-economic damages since they are likely to be facing a longer, more painful recovery timeframe. They may also seek a greater settlement amount for pain and suffering.
Your Tallahassee personal injury attorneys are aware that, in relation to senior injury claims, age does play a role and that the damages claimed may vary from those in an accident involving a younger person. That is why the best way to proceed is to schedule an initial consultation with a personal injury attorney who can evaluate your case.