Does the Age of the Victim Matter in a Personal Injury Lawsuit?

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In many situations, when someone is involved in an accident, it is not just the injury victim who is affected. While it may only be one person who is hurt in a car accident or slip and fall, their entire family may be impacted, too. Spouses, children, parents and others who rely on the injured person may also experience a change in their lives. As a result, a single accident may result in several personal injury claims.

Personal Injury

According to Florida law, a victim’s loved ones (usually their spouse) and the victim will have unique damages to claim against the person who was the cause of the accident. Keep in mind, insurance defense lawyers and insurance adjusters are ready to address these types of personal injury claims, which is why you need a personal injury lawyer helping you along the way.

How Age Factors into a Personal Injury Claim

Now you have to consider the age of a person. The age of an injured individual, as well as all the related claimants, are going to be under consideration by the insurance company as they evaluate factors such as the person’s loss of earning capacity, permanent damages, pain and suffering and more. In many cases, the defense is going to use a person’s age to try and reduce the value of the claim. They will attempt to do this by asking questions such as, “How many years is the victim expected to work?” and “What is their actual live expectancy based on actuarial tables?”

Additionally, the victim’s age is going to be used and argued by the defendant as being a mitigating factor. Keep in mind, age can also work the other way if the individual is young and they may have many years of pain and suffering ahead of them.

The Age Factor: When to File a Personal Injury Lawsuit

For many plaintiffs, the main question they will have is when they should or should not settle with the insurance company. The majority of personal injury cases will settle. In fact, more than 90 percent of all accident claims wind up reaching a settlement after they are taken to trial.

If you are facing a personal injury issue, it is a good idea to hire an attorney right away. They can review the facts of your case to help you reach a fair settlement that you are happy with and that compensates you sufficiently for the injuries and losses you have suffered. Learn more about personal injury lawsuits and why to hire an attorney by contacting the attorneys at The Badgley Law Group by calling 407-781-0420. Being informed and having proper legal representation will help you get the results you need and deserve.

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