Common Reasons Older People File Injury Claims in the US
Personal injury claims among the elderly may arise from various causes, including slip and fall, car crashes, abuse, medical malpractice, and other accidents. Personal injuries to the elderly are more severe than other age groups.
The CDC reports that in 2017, 7,700 older adults aged 65 and above were involved in car crashes. The data paints a clear picture. Every day nearly 700 older adults are injured, and 20 lose their lives from motor vehicle accidents.
An older adult who has been involved in a car accident may be entitled to receive compensation from the negligent party. Elderly victims of a car accident can be passengers, drivers, pedestrians, or cyclists. Causes of car accidents can range from speeding, distracted driving, and declining eyesight.
Aging individuals will generally be slower to recover from the injuries compared to young individuals. Fractures, for instance, are difficult to heal among the elderly. In most cases, personal injury attorneys push for maximum damages that reflect needs such as continuous care and personal assistance, home modifications, and longtime pain and suffering.
Neglect and abuse
A senior may face neglect and abuse at home when living with family members or in a hospital or nursing home. Elder abuse and neglect can lead to personal bodily harm and emotional anguish. It is recommendable for older adults to find legal assistance when facing mistreatment from others.
The latest Word Health Organization report confirms the prevalent rate of elder abuse. One in every six elderlies aged 60 and older faced abuse in community settings in the past year. In nursing homes, 2 in 3 staff confess that they have committed elder abuse in the past year.
Types of elder abuse include physical abuse such a shoving, battering, and confinement. It may also be emotional, including humiliation, isolation, or neglect. A high number of sexual abuse cases have also been reported in elderly homes. In these cases, the victim may be entitled to compensation by filing a personal injury claim.
Slip and fall accidents
40% of personal injury claims among the elderly result from slip and fall accidents. Because of general body weakness and poor balance caused by old age, older adults are more likely to slip and fall than young individuals. These accidents can cause back, hip, and arm fractures. The result could be long term pain and suffering, or even death.
Slip and fall accidents can happen anywhere. The risk is heightened by environmental hazards such as defective flooring, improper lighting, and bumps in carpets. After a slip and fall accident, an older adult may be eligible for damage compensation. He or she can sue the owner or the manager of the property for the accident.
In these cases, just like other types of personal injury suits, negligence must be proven on the part of the responsible party. That entails proving that the owner or manager breached their duty to care for the property as required and that the breach caused the accident.
20% of older adults aged 65 and above haven’t retired. More seniors prefer to keep working for factors to do with their health and the economy. However, these people are more prone to injuries at work compared to other age groups. Elderly work-related injuries result from slip and fall accidents, overexertion, exposure to harmful substances, and repetitive motion injuries.
Following work-related injuries, an older adult can seek compensation from a long list of people, including his or her employer, the building owner or manager, or a product manufacturer that caused the accident. Worker’s compensation insurance pays for medical bills and a percentage of lost wages.
As people grow older, they become more prone to personal injuries. There are extensive damages involved in elderly personal injury claims. An experienced personal injury attorney often becomes a necessity in these cases.