How Age Affects Personal Injury Claims in California

Personal injury cases are like a jigsaw puzzle with many parts that the personal injury lawyer must put together before they can present a claim to the insurance company. Understanding how each of these factors affects your claim is crucial so it is clearer how the attorney comes up with their figure.

Some of the more obvious factors, such as the severity of your injury and the cost of your medical bills, are more obvious, while others, like age, are more nuanced, but their impact on your claim is just as strong.

Age is one of the main factors any personal injury lawyer will consider when determining your full compensation, and rightfully so, as highlighted below:

Claim Filing

The first impact age has on your personal injury claim is on how you file the claim. As an adult, you don’t need to reference anyone when filing the claim, although it is strongly recommended that you work with a personal injury claims attorney.

If the victim is a minor, their legal guardian or parent must file the claim on their behalf. They will also act on behalf of the child, including finding an attorney to negotiate with and, if necessary, file lawsuits.

Damages

Your age will have a significant impact on the calculation and determination of damages. Some of the ways your age will affect your damages include:

• Lost income:
  If you have lost any work hours or days due to the injury or seeking medical attention for injuries related to your incident, you are eligible for lost income. However, children who are not working or retirees are not entitled to compensation for lost income.
• Lost Earning Capacity:
  When calculating lost earning capacity, the attorney considers future losses incurred by your inability to work as a result of the injuries. These claims apply if you have suffered permanent injuries or injuries that require a lot of time to heal.If the injury is permanent, your lost earning capacity is determined by your remaining lifetime. This means the older you are, the shorter the working life you have left ahead of you, and the lower the compensation you can get for it.
• Reduced quality of life:
  If an injury results in partial paralysis, it may affect your quality of life for the rest of your life. You may not be able to participate in activities such as playing with your children. This can also be factored in and added to your compensation. If you’re still young, you can get substantial compensation for reduced quality of life because your life will be affected longer than that of an older counterpart.
• Pain and suffering:
  Compensation for pain and suffering considers the psychological and physical effects of personal injury. Issues like psychological effects may be pronounced in younger victims who have less experience with trauma and have many years to live.On the other hand, older victims are more susceptible to emotional distress and are more likely to lose the enjoyment of their retirement. It’s also vital to note that pain and suffering also factor into your lifestyle.

Liability

Liability must be determined during the compensation process. Insurance companies generally have age biases that are commonly revealed when the compensation is filed. For instance, in auto incidents, there’s a higher chance the insurance company will fault a young driver than an older driver. This is not to say they wouldn’t do the same thing for an elderly driver, but it is less likely.

However, this shouldn’t be a concern, especially if you have a good personal injury lawyer near me who is armed with evidence to prove the wreck or other incident was not your fault.

Self-Establishment

As you grow older, your finances and career are better established. You are also more likely to have children and a spouse whose income is likely to increase as well. This increases the value of compensation because the effects of the injury affect other people as well.

Jury Perception

Finally, there’s how juries perceive victims of different ages and how this affects their determination. In my experience, most jurors show sympathy to very old and very young victims. This sympathy may be portrayed in the damages awarded, such as pain and suffering damages. Middle-aged victims receive the least sympathy.

Closing Remarks

Various factors can affect the outcome of compensation in personal injury cases. Your personal injury statement attorney will steer the case in a way that best protects your interests, which is why it is not advisable to represent yourself even in the most straightforward cases.

If you have suffered personal injuries from an incident in Los Angeles, CA, The Law Man Group, APC is here to help. We provide recovery-focused and personalized support to our clients, ensuring you get the outcome you want without the hassle. Call us today at (818) 699-0492 for a free, no-obligation consultation and to get started on your personal injury claim.