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As attorney advocates for our elderly clients, it is extremely important for us to properly convey the value of our client’s loss during the golden years of retirement following an incident. When a careless, reckless, or negligent individual takes away that mobility and health, elderly plaintiffs are entitled to be compensated commensurate with the suffering and disruption to their lives. After working most of their adult life, most elders look forward to, and are entitled to enjoy, their retirement. What may be a small loss of function to a younger person who is active in many other ways may present a larger loss to an older person whose activities are already constrained by age. When someone who has always been physically active loses this ability in the future years, their enjoyment of retirement can be severely diminished or stripped away, with less opportunity to replace these activities with other interests in life. The retirement years are a time in most people’s lives when they realize their own mortality, but also presumably enjoy more time for friends, family, hobbies, and other interests.
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This article will discuss damages in elder or “golden years” injury cases as well as certain tips and strategies for effectively proving general damages, namely hedonic damages. Every year more than a million elders are admitted to the emergency room for traumatic injuries, many of which were preventable and caused by the negligence, neglect or abuse of a third party. Slipping and falling results in almost a quarter million broken hips every year in this country. In fact, many never fully recover their capabilities. Aging individuals are also slower to recover from injuries.
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As a natural part of the aging process, vision and hearing deteriorate, and reflexes and reaction times slow down, leading to an increase in injuries among the elderly. As people grow older, they become more susceptible to accidents and injuries.