How a Senior's Age Can Affect Their Personal Injury Lawsuit

A senior's age can influence the severity and recovery time of injuries sustained. Additionally, courts may consider the pre-existing health conditions and reduced life expectancy of older individuals when assessing damages, which can impact the outcome of the case.

Recommend This Page
How a Senior's Age Can Affect Their Personal Injury Lawsuit
3 Min Read October 13th, 2023

The roadways are populated by forty million drivers who are 65 or older. Unfortunately, These senior drivers are more susceptible to serious injuries in car accidents. Additionally, they tend to deal with prolonged pain post-accident and often face difficulties securing the complete compensation they require, as insurance firms may assert that their injuries existed before the accident.

This is precisely why seniors who suffer injuries in car accidents need the help of a skilled personal injury lawyer. Keep reading to better understand this process and the obstacles seniors often encounter in pursuing rightful compensation.

Comparative Negligence Application

The aspect of liability partly determines injury compensation. Both plaintiffs and defendants can sometimes be held accountable in injury cases. For example, in Indiana, the law employs a system of modified comparative negligence to decide on compensation in such scenarios. This system implies that you are only eligible for damage recovery if your responsibility for the mishap doesn't exceed 49 percent.

However, it's improbable for the court to apply comparative negligence laws when it involves seniors. The older the senior, the less likely the court will consider their actions as contributing factors to the accident.

For instance, if an adult slips and falls while running on a slippery shopping floor, the court might conclude that they played a part in their injury due to running. However, this kind of determination is unlikely if the victim is an old person, say, eighty years old. Hence, the negligent party will likely compensate the entire damages in such a case involving the senior. 

Claim Filing

The impact of pain and suffering on the value of a personal injury claim is significant. Some argue that pain is universal, irrespective of age. However, the effect of an injury's pain varies depending on the individual's age.

For instance, a young individual (below 35 years) who sustains a severe injury like spinal cord damage will likely endure more pain and suffering throughout their life than an older worker (over 60 years). In a personal injury claim, a judge or jury may often award a younger person higher compensation than an older one, given the same injury, as the former has to bear the injury's consequences for longer.

However, for a younger person to recover from an injury quicker than an older one, which could decrease the value of their claim. It's challenging to definitively state how age influences a personal injury claim. It's impossible to precisely predict its impact on such a claim. 

Seeking legal assistance is very helpful; if you live in Indiana, the best approach to understanding this would be through consultation with Schuerger Shunnarah Trial Attorneys in Indianapolis.

Health Care Costs for Seniors

The research highlighted by AAA indicates a surge in car accident fatality rates post the age of 70, with drivers over 85 being the most susceptible to fatal outcomes following a car accident. 

The types of injuries experienced by elderly drivers often mirror those suffered by younger drivers, including fractures, head, back, or neck trauma, muscle strains, and bruising. However, due to their advanced age, these injuries tend to have more lethal outcomes for senior drivers. 

As stated by AAA, older drivers often have more fragile bones, increasing the likelihood of fractures, and may have pre-existing health conditions like diabetes or heart disease. In instances of car accidents involving elderly drivers, the compensation necessary to cover the medical costs and expenses related to the accident can be considerably higher than those involving younger drivers, acknowledging the unique vulnerabilities and needs of this demographic.


Irrespective of how old you are, you must consult a personal injury lawyer promptly if you've been harmed due to another's irresponsibility. If you're of a more mature age, don't let concerns about your age impact your case. Allow your attorney to guide you in submitting your injury claim to ensure you obtain the recompense you are rightfully owed.

Recommend This Page

About the Author

LTC News sponsored content like this reaches an audience interested in aging, caregiving, health care, lifestyle, long-term care, and retirement planning. Your sponsored content article can live on LTC NEWS indefinitely - or for one year, easily and affordably.

LTC News Contributor Sponsored Content

Sponsored Content

Contributor since August 21st, 2017

Editor's Note

Planning for the costs and burdens of aging should be a vital part of a comprehensive retirement plan. Long-Term Care Insurance provides a tax-free reservoir of funds to address long-term care needs, whether in one's home or a specialized facility. 

As the likelihood of requiring extended care increases with age and the associated costs rise, an LTC Insurance policy stands as a beacon of financial resilience. This coverage safeguards your income and assets and ensures access to quality care without straining your finances or imposing undue stress on your loved ones. 

Being proactive and securing coverage in your 40s or 50s can lead to more affordable premiums. However, even those in their 60s and beyond can find affordable coverage when in good health.

Confer With an Expert for LTC Insurance Needs 

Seek advice from an independent Long-Term Care Insurance specialist representing leading insurance providers. They can design coverage based on your age, health, and family history, ensuring affordability. With premiums that vary dramatically between insurance companies and diverse underwriting criteria, partnering with an LTC Insurance professional simplifies and streamlines the selection process for you and your partner so you can get great coverage at the lowest cost possible.

What Is A Long-Term Care Insurance Specialist - How Can They Help You?

LTC NEWS can help you find an experienced independent Long-Term Care Insurance specialist to help you shop - Find a Qualified, Independent LTC Insurance Specialist.

Resources and Tools Available on LTC NEWS

Let LTC NEWS help you in your research. There are many tools and resources that are available -

Mom and Dad Deserve Quality Care – So Will You

LTC NEWS has combined efforts with Amada Senior Care, a leading in-home health care agency with locations throughout the country, to help you process a claim from any LTC Insurance policy.

There is no cost or obligation for this service - Filing a Long-Term Care Insurance Claim. If they don't have an LTC policy, Amada can still help develop a plan of care and provide you with many affordable in-home care options. Learn more now - Find Quality In-Home Care.

The LTC NEWS Caregiver Directory is another outstanding resource where you can find all types of long-term care services wherever a loved one may live - Long-Term Care Services Directory | Find Care Near You

LTC NEWS Can Benefit Your Website and Business

LTC NEWS offers a variety of marketing and advertising options to help you reach your target audience. Our sponsored content articles are a highly effective way to drive traffic to your website, increase brand awareness, and build relationships with potential customers.

Benefits of Sponsored Content on LTC NEWS 

  • Drives website traffic: Sponsored content articles are placed on LTC NEWS's homepage and in other high-traffic areas of the website, ensuring that your message is seen by a large audience.
  • Increases brand awareness: Sponsored content articles are written in a way that educates and engages readers, helping to position your brand as a thought leader in your industry.
  • Connects with target audience: LTC NEWS's audience is made up of people who are interested in long-term care, making it a great way to reach potential customers who are already considering your products or services.
  • Improves SEO: Sponsored content articles are written in a way that is optimized for search engines, helping to improve your website's ranking in search results.

In summary, sponsored content on LTC NEWS is a powerful marketing tool that can help you boost website traffic, SEO, brand recognition, and audience engagement.

Learn more about how LTC NEWS can help market your business, drive traffic, and improve SEO - Advertise With Us | LTC News.

LTC NEWS: Share Your News with Us

LTC NEWS is a leading website for news and information about aging, caregiving, health, lifestyle, long-term care, and retirement planning. We are always looking for new stories to share with our readers. 

If your group, organization, business, or political committee has news to share, we encourage you to submit a press release to us.

You can submit your press release - 

LTC News Trusted & Verified

Work With a Trusted Specialist

Get Accurate Long-Term Care Insurance Quotes

  • Has substantial experience in Long-Term Care Insurance
  • Strong understanding of underwriting, policy design, and claims experience
  • Represents all or most of all the leading insurance companies
man and woman sitting at desk
  • Latest

  • Oldest

  • Homecare

  • Health

  • Government

  • Care Facilities

  • Pets

  • People

  • Lifestyle

  • Insurance

No Results

Step 1 of 4

Find a Specialist

Get Started Today

Trusted & Verified Specialists

Work with a trusted Long-Term Care Insurance Specialist Today

  • Has substantial experience in Long-Term Care Insurance
  • A strong understanding of underwriting, policy design, and claims experience
  • Represents all or most of all the leading insurance companies

LTC News Trusted & Verified

Compare Insurers