6 Personal Injury Lawsuit Tips for Seniors

Personal injury lawsuits can result in large settlements for the injured party, provided they have a good case. Some cases that have gone to trial have received judgments for millions of dollars. 

While a large settlement is always a possibility, the probability will always depend on individual circumstances. For seniors, there are additional challenges involved in getting a proper settlement.

Seniors face some unique challenges after being injured in an accident. If you or a loved one are filing a personal injury lawsuit, here’s what you need to know to improve your chances of winning your case.

1. Always work with a personal injury attorney

While nobody should attempt to settle or win a personal injury lawsuit pro se, it’s especially important for seniors to be represented by an attorney. No lawsuit is as simple as it might seem and personal injury lawsuits can be particularly complex.

The party you’re suing will be represented by an attorney who will make it difficult for you to win your case, especially if it’s an attorney for an insurance company. Even though it’s your legal right to represent yourself, it’s always a bad idea. Judges don’t like having their time wasted.

Unfortunately, without a lawyer, you’ll likely drag the case out because of inexperience and ignorance of how to file motions. Having an attorney is critical for winning any personal injury lawsuit.

2. Maintain meticulous documentation

Meticulous documentation is the key to winning your case. As a senior, your case might be a little harder to prove. Therefore, good documentation can save you some stress.

If your personal injury lawsuit involves going up against an insurance company, they’re going to try to blame your injuries on your age and existing health conditions. Insurance companies are for-profit corporations and they will do anything to preserve their bottom line. The less they pay out, the more profit they keep. In fact, insurance adjusters are trained to lowball settlement offers for this reason.

Since many people become more prone to injury as they age, and injuries are often more severe, blaming injuries on pre-existing conditions is the easiest way for insurance companies to attempt to dismiss claims. It’s not personal. However, if you don’t have any pre-existing conditions or injuries related to your accident, you’ll have a better chance of proving your claims.

Be ready to provide documentation that proves your injuries came from the accident and weren’t pre-existing. If possible, get a signed statement from your physician attesting to your health prior to your accident. This might be necessary to get a proper settlement.

3. Be prepared for a lower settlement

A person’s loss of income is always considered before awarding a settlement. If you’re retired, you can expect a smaller settlement than someone who works full-time. That doesn’t mean you can’t get a larger settlement, but you won’t get much for lost wages if you’re retired.

4. Seek immediate medical attention

Seeking immediate medical attention is critical. If you don’t see a doctor right away you risk losing your case. As a senior, it’s even more important to see a doctor quickly because if too much time passes, there’s more of a chance the other party will say your injuries occurred after the accident.

It’s fastest to go to the ER, although if your injuries aren’t severe, you may not want to wait around for hours just to see a doctor. In that case, it’s okay to wait a day or two to get in with your regular doctor. However, if you can get into a clinic faster, do it. You can always schedule an appointment with your doctor after you visit the clinic. Getting into a clinic even two days earlier than your doctor’s appointment is worth it.

5. Get pictures

Photographic evidence will go a long way in supporting your claim. Take photos immediately after your accident, once you’ve sought medical care. Document your injuries from every angle and close up. If it’s too hard to do yourself, you can get a friend or family member to take the photos for you.

Also, make sure to take photos of the accident scene, including any damage to property like your car, your house, any building, etc. Don’t leave the scene without getting photos. If you left the scene in an ambulance, you may not get all the photos you want, but have someone go back to the scene to take photos anyway.

Take time to heal

Once you know you’re okay, take time to rest and heal. Don’t push yourself too hard, and let your attorney handle everything on your behalf.