How a Crash Victim’s Age Could Affect the Value of a Claim for Compensation

child smiling in wheelchairYou have probably heard the expression that age is just a number.

While many people would like to think that age is just a number, in many situations a person’s age indicates a lot of things. For example, age can be a factor when doctors are trying to diagnose an injury or determine the long-term impact of the injury.

Age can also be an important factor in a car accident claim, as a victim’s age can have a significant impact on the value of the claim. For example, a younger crash victim may need more compensation than an older crash victim.

Below, we discuss how a crash victim’s age could impact the value of a claim for car accident damages. If you or a loved one were injured in a car crash in Windsor or elsewhere in Ontario, our Windsor-based vehicle accident lawyers are ready to help you seek compensation.

There are no upfront fees or legal obligations with our services.

Contact Greg Monforton and Partners today: (866) 320-4770.

Life Expectancy and Your Claim

To put it simply, someone who has a longer life expectancy may have more damages after a car crash. Someone who has a shorter life expectancy may have less damages after a car crash. These are general statements, and each case needs to be evaluated on its own to determine its value.

Insurance companies are going to consider life expectancy when evaluating a claim, particularly when the victim suffered a long-term injury that is going to affect him or her long after the claim is settled or is resolved through a courtroom verdict.

How Claims Involving Children or Young Professionals May Have a Higher Value

Children and young professionals, such as people in their 20s or 30s, typically have a longer life expectancy than someone who is retired or close to retirement age. It is important to remember there are other factors at play, such as chronic health problems people may be dealing with that could affect their lifespan.

Age and Your Medical Expenses

Life expectancy plays a significant role in determining the value of ongoing medical expenses. Ongoing medical care may dramatically improve a victim’s quality of life, particularly when the victim has decades of living with the effects of a serious injury.

However, insurance companies may be less likely to offer to pay as much for ongoing medical care to a victim who is older. Insurance companies may do this even though ongoing medical care could improve an older individual’s quality of life. The insurance company may act as though quality of life is only important for victims who are younger.

How Age Impacts Lost Earning Capacity

Older injured victims are unlikely to be working much longer. They are probably not going to need as much compensation to make up for loss of earning capacity as younger victims.

Another factor to consider is younger people have not reached their maximum earning potential yet. It often takes until middle age for people to be earning the most they are likely to earn throughout their career. Younger people still have many opportunities for promotions, bonuses and pay increases.

People who are farther along in their career may still have opportunities for promotions and pay increases though. It is important to hire a lawyer who is committed to recovering full compensation for damages, including lost earning capacity. Your lawyer needs to be able to carefully evaluate your skills, education, promotion history and earning history to see what you were likely to receive if you had not suffered an injury.

How Age Impacts the Value of Pain and Suffering

Pain and suffering are often worse for those who have decades ahead of them. Dealing with chronic pain and other medical issues may impact relationships, such as with a spouse or child. They may be unable to take part in leisure activities they once enjoyed. They may suffer a significant loss in the enjoyment of their life.

That said, the pain and suffering experienced by older injury victims can also be significant. Insurance companies may downplay it, which is why victims need an experienced lawyer advocating for their interests. For example, some people have a more active lifestyle than others. If a car accident injury prevents someone from engaging in that active lifestyle, he or she should receive compensation for this.

It is important to remember that each claim must be evaluated on its own. Sometimes a younger victim suffers less damages than an older victim. For example, the same injury could be more severe for an older person than a younger person. The younger person may heal completely and have few, if any, ongoing damages. Meanwhile, the older victim may suffer declining health and a more significant decline in quality of life.

No matter your age, if your injury was caused by another’s negligence, our experienced lawyers are ready to help you seek full compensation for your damages.

Call Today to Discuss Legal Options After a Crash

Car crashes can cause devastating injuries, no matter the age of the victim. However, the long-term impact of an injury can vary by the victim’s age. That is why you need an experienced lawyer who understands the many factors that come into play when seeking fair compensation for an injury.

At Greg Monforton and Partners, our legal services come at no upfront cost. The initial consultation is free of charge as well.

Call us to learn more about our legal services: (866) 320-4770.