Focus on General Damages in the Golden Years
Damages in a “Golden Years” injury case (where the plaintiff is of retirement age or older) may best be utilized if a greater focus is placed on noneconomic, or general, damages. General damages include, but are not limited to, pain, suffering, and loss of enjoyment of life. It seems logical that these damages would be heightened at retirement age since that is when many people are more able to enjoy free time with family, or take vacations, or pursue hobbies that their previous work life did not allow time to nurture. Most Americans work for decades and look forward to a retirement offering freedom to enjoy whatever activities they choose. An injury during this time can diminish the ability to enjoy those leisure pursuits. This is one reason the “Golden Years” damages should focus more on the general, or “pain, suffering, and loss of enjoyment of life” damages.
Another reason to place emphasis on the noneconomic damages is that the monetary damages may be lower than those involving a younger injured person. In later years, a wage loss may not exist since the plaintiff is retired. Because the medical treatment will often be covered by Medicare at a reduced rate, the medical specials are reduced as well. Lower economic damages do not mean that the value of what the injured party has lost is any less. A good advocate will attempt to increase compensation by emphasizing general damages.
The Effect of Injury in Older Adults
Older adults are often more susceptible to injury. The spine and other bones through the body are prone to degeneration, which increases with each passing year. A young, flexible person may be better able to withstand the impact of an auto accident than an older person. Often times, recovery periods are longer in older individuals. They may also be more likely to develop a chronic pain situation and never reach full recovery.
When a person who has been healthy and has maintained an active lifestyle sustains an injury that results in a loss of physical ability, the enjoyment of retirement is negatively affected, often to a high degree. The ability to adapt to new activities to replace those that one can no longer do is lessened with age as well. Take the case of a retired client who spent a large chunk of each week playing golf. This was a highlight of his life – the activity provided a chance to get outside, enjoy competition, and socialize with friends. When a shoulder injury destroyed his ability to play, the severity of his loss was palpable. To capture the devastating impact the loss of ability had on the avid golfer’s life, the element of general damages needed to be presented in a way that transcended the usual discussion of “pain and suffering.”
When the injury is caused by a reckless, negligent, or careless individual, older plaintiffs are entitled to compensation that is commensurate with the actual suffering and disruption to their lives. The situation of suffering a debilitating injury in retirement is relatable to most people working toward their golden years, and its value is difficult to overstate. A healthy and active retirement represents one of the final positive chapters in life, and disruption of that chapter seems especially unfair.
How to Emphasize Pain, Suffering, and Loss of Enjoyment of Life
To maximize the recovery for an older client, one must truly understand how the client’s life was altered and what cherished abilities and activities were diminished or lost altogether. Our firm takes the time to listen and really get to know our clients so that we can better articulate the losses involved in each case. Having conversations with the client and his or her spouse is a starting point, but other witnesses can be incredibly valuable when painting the “general damage” picture.
Medical expert testimony is vital to establish the extent of injury, prognosis, and need for future care. In cases where the emphasis is on general damages, lay witnesses may be as or even more crucial to the case. Testimony from friends, family, pastors, and neighbors can be incredibly impactful. Certain studies reveal that a jury may give more weight to testimony from lay witnesses who know the history of the plaintiff’s condition both after and before the subject injury than they do to a doctor who may have only seen the plaintiff a few times (or even just once in the case of the defense medical expert).
Finding good lay witnesses begins with a conversation with the client, but does not end there. The lay witnesses must be interviewed thoroughly to ensure that the testimony given will be truly valuable to the case. If a witness can be found that is not necessarily close to the client, but has seen the client regularly and can testify regarding the post-accident changes his testimony can be very valuable. One example of this may be a checker at the client’s regular grocery store – the jury will recognize that little to no bias exists in such a witness, and therefore may give greater weight to such testimony.
The Ultimate Goal
Generally speaking, as we grow older, we become more prone to accidents and injuries. As the body ages, reaction time slows, and senses such as hearing and vision could become impaired. In some cases, bones may become weaker and more brittle. Additionally, healing time may be slower. In a personal injury case, the harm suffered by a retirement-aged plaintiff is no less than that of a younger person. Giving special consideration to the general damages, and how that specific area of loss may be intensified in the elder years, can maximize recovery for the injured party.
Watch YouTube Video: Fall Prevention Awareness: Tips for Preventing Falls. The video below provides some safety awareness tips for older adults that can prevent falls and injuries.
Natomas Personal Injury Lawyer
I’m Ed Smith, a Natomas personal injury lawyer. Special considerations should be given to a case involving a retiree. If an auto accident resulted in an injury to you or a family member, call us for free, friendly advice at (800) 404-5400 or (916) 921-6400.
I have worked with Natomas residents for 30+ years. Have a look at our website and our case settlements and trial verdicts or click on the links below to read what clients have to say about our firm:
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