With our population continuing to age and the babyboomers entering their senior years, courts will have to squarely address the issue of how to fairly compensation senior citizens who have been injured in an accident.
If you are a senior citizen who has been involved in a car accident, a slip and fall or other accident caused by someone else, it is normal to have questions about what damages you may be entitled to because of your injuries and to provide for your future medical and rehabilitative needs arising from the accident.
For accident victims in their 70's or older, there may be extra considerations beyond those faced by a younger accident victim. You may be faced by unique, age-based arguments from the insurance adjuster or insurance defence lawyer while advancing your demand for compensation for pain and suffering and other claims.
Fair or not, you may have to address these types of issues and questions that are largely based on age:
*Like many seniors, you could have some pre-existing conditions such as aches and pains. The insurance company may try to argue that it is these pre-existing conditions that are the basis for your post-accident limitations. However, most people, senior or not, have pre-existing conditions of some type. An experienced personal injury lawyer can explain how the "thin skull" argument does not need to be a barrier to your fair recovery.
* Insurance companies and insurance defence lawyers will use life expectancy tables to show that you are not statistically likely to live more than a certain number of years. They will make that argument to limit how many years of rehab, pain relief, housekeeping, attendant care and other services you might require. An experienced personal injury lawyer can make a pitch for you as an individual to show that you should not be measured by general statistics not applicable to you.
*If you lived a quiet existance pre-accident, your life may not have changed, at least to the outside observer, as a result of the accident. An experienced personal injury lawyer can show the impact of chronic pain and mobility limitations on even a quiet lifestyle.
*A personal injury lawyer will also refute the argument you could face that you would have needed assistance of some sort shortly after the accident anyway.
The reality is that when dealing with obtaining fair compensation for accident victims over 65, the courts have repeatedly acknowledged that senior citizens who have been in accidents should be compensated for the fact that the accident has "taken the lustre off their golden years." An experienced personal injury lawyer who is accustomed to dealing with cases for seniors can strenuously advance that position for you.
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Brenda Hollingsworth is an Ottawa personal injury lawyer representing accident victims in Ontario, Canada. Her law firm is Auger Hollingsworth, located in Ottawa. She is the author of "An Injured Victim's Guide to Fair Compensation" and "Crash Course: A Savvy Woman's Guide to Ontario Car Accident Claims" To get free copy of these books, contact
http://www.personalinjuryottawa.ca ; email info@personalinjuryottawa.ca or call 613.233.4529.
