Sun City Center Personal Injury Attorney Explains Age and Compensation
People often say that age is little more than a number, and for good reason. In today’s world, many senior citizens treasure their independence, refusing to let growing older deter them from living life on their own terms. However, even the most pioneering and self-sufficient older adults could suddenly be forced to contend with claims that make age matter more than it should. This is especially true when a personal injury lawsuit in Sun City Center, FL, comes about.
For example, after an accident, they sometimes need additional resources to afford a fair chance at recovery—only to have an insurance company or a defense attorney tell them their rights to recompense exclude any injury that could possibly be explained by a preexisting condition or mitigated by Medicare.
You don’t have to accept excuses in place of a settlement. The experienced injury law team at DeLoach, Hofstra & Cavonis, P.A., has spent nearly a half-century advocating for injured senior citizens. We’ll advocate for your right to reclaim your independence and begin rebuilding your life after an accident.
Table of Contents
The Issue of Age
In Florida, accident victims have a legal right to file a claim for compensation against any person or party whose negligence may have caused their injuries.
This right to bring a personal injury case isn’t restricted in any way by age, nor does it require senior citizens to provide evidence or arguments beyond what would be expected of a younger plaintiff.
However, any damages negotiated or awarded through a claim can easily be influenced by a victim’s age, physical health, and financial well-being. For senior citizens, injury compensation could be influenced by the following factors.
Retirement
Senior citizens are often retirees who no longer work full-time and don’t expect to ever re-enter the workforce. In certain circumstances, an accident victim’s retirement status can preclude any possibility of claiming damages for lost income or diminished earning potential—both otherwise integral components of a younger plaintiff’s recovery.
Life Expectancy
Insurance companies and defense attorneys may refer to life expectancy calculations when deciding how much compensation to offer for continuing or anticipated medical care. Since older adults are presumed to have a lower life expectancy, they may not receive economic damages to the same extent as an accident victim many years younger.
Medicare
A senior citizen who receives Medicare benefits might also be unable to recoup substantial damages for their existing medical bills or anticipated care needs. This is due in part to Medicare plans having lower-than-normal reimbursement rates.
However, limitations on the payment of hospital bills—and especially on a victim’s longer-term care needs—could easily complicate an accident survivor’s ability to explore more effective treatment options that aren’t typically covered by Medicare.
Potential Damages in a Sun City Center Personal Injury Lawsuit
Age can, and often does, take precedence in compensation negotiations involving older or retired adults. However, even if retirees cannot easily claim that their future earnings were impacted by an accident, they could be entitled to other forms of relief.
Florida law provides for two main types of accident-related damages.
Economic Damages
In a personal injury lawsuit in Sun City Center, economic damages compensate existing and anticipated financial losses incurred as a direct result of an accident. Depending on the circumstances of your claim, you could receive payment for any of the following:
- Medical expenses
- Anticipated medical care
- Physical rehabilitation
- Assisted living care or in-home mobility aides
- Surgical reconstruction
Although age-related considerations might make receiving a reasonable award for existing medical expenses and anticipated care costs more difficult, DeLoach, Hofstra & Cavonis, P.A., takes a holistic approach to settlement negotiations. Instead of accepting an insurance company’s arguments about life expectancy, we look at the circumstances unique to your life, using them as proof to present a counter-offer that better reflects your lifestyle and needs.
Non-Economic Damages
Non-economic damages compensate less tangible losses. They include payment for:
- Emotional pain and suffering
- Mental anguish
- Disfigurement
- Loss of enjoyment
- Diminished quality of life
Senior citizens who are more likely to suffer debilitating injuries in an accident than younger adults are sometimes entitled to what’s known as hedonic damages. In a personal injury lawsuit, hedonic damages are compensation for an accident victim’s loss of enjoyment and diminished quality of life.
Since even minor injuries could leave an older adult permanently disabled, non-economic damages can be used to reflect the ways in which an accident has transformed a victim’s life, such as making it more difficult for them to live independently, volunteer, or spend time with friends and family.
.png)
Let Our Injury Lawyer Help With Your Personal Injury Lawsuit in Sun City Center
Our injury attorney can’t take away the pain or loss of your injury, but we can work to help you obtain the compensation you deserve to protect you and your family. To request a consultation with our proven injury attorney, please take a moment to click the button below and fill out our online contact form.
We have conveniently located offices across Florida in Seminole, Sun City Center and New Port Richey. For immediate assistance, give us a call 727-777-6842 now.
