According to state data, about one in every five Montana residents is over the age of 65. Because of their age and health, seniors may be particularly vulnerable to injuries due to neglect or wrongful conduct. Unfortunately, society often does not take the plight of the elderly seriously, and injuries against seniors are dismissed. If your elderly loved one has been harmed by another’s wrongdoing, it’s important to understand your options for financial compensation and what challenges you might face.
Common Types of Personal Injury Cases Involving Seniors
Below are some of the most common types of personal injury cases involving seniors:
- Falls. Falls are one of the most common causes of injury in the elderly, and over one in four older adults suffer a fall injury every year. Falls can cause spinal cord injuries, concussions, and joint damage. Falls are common among older adults as they may lack coordination, strength, and balance.
- Auto Accidents. Seniors also face risks from auto accidents. Seniors may be in poor health, so even a minor traffic collision can seriously harm them. Seniors are also at risk of pedestrian accidents when walking near traffic or in parking lots.
- Defective Products. Many products that seniors rely on, such as pacemakers, mobility devices, furniture, and pharmaceuticals, can cause injury and even death if defective.
- Medical Malpractice. Seniors may also sustain harm from negligent doctors, especially if they have complicated health issues that are difficult and intensive to manage. Common examples of medical malpractice include surgical errors, missed diagnoses, or prescription errors.
- Nursing Home Abuse. Seniors are uniquely at risk of abuse and neglect in nursing homes and other assisted living facilities. Nursing home abuse can include hitting, rough handling, withholding food, using unnecessary restraints, and neglecting bathing and sanitation.
Difficulties in Personal Injury Claims Involving Seniors
Seniors often face unique challenges in personal injury cases due to their age and physical/ or mental health.
- Injury severity. Injuries in seniors might be more severe because of their physical condition. What might have been a minor accident with a younger person can cause lasting damage and contribute to significantly higher medical costs.
- Pre-existing conditions. Seniors may also have pre-existing injuries and medical conditions that can complicate questions of liability. Insurance companies might claim that pre-existing conditions caused the injury to mitigate their responsibility.
- Slower healing. Seniors’ bodies are less able to heal and repair themselves. The slow healing can make it much harder to assess the full scope of acute and long-term health issues and contribute to higher treatment costs.
- Emotional distress. Studies indicate that seniors may be more likely to develop signs of emotional distress after suffering an injury. Factors that contribute to this stress include pain, loss of independence, and fears of future injury.
Role of Family Members and Legal Guardians
One unique feature of personal injury cases involving seniors is the active role of other family members and legal guardians. Many seniors are not capable of fully looking out for their own interests, so the responsibility falls to their families and others. Whether due to a lack of knowledge or inability, seniors can face great challenges interacting with the legal system alone.
Family members can serve as advocates for their elderly loved ones and help connect them with legal resources. They can also help gather information like medical documentation and other personal documents their loved one might not have access to. Most importantly, family members can ensure that seniors’ interests are being represented and that any legal action is taken for their well-being.
Types of Compensation Available
Depending on the circumstances, a personal injury attorney can pursue the following types of compensation for your elderly loved one:
- Medical bills and continuing medical expenses
- Cost of moving to a new living facility
- Additional living expenses
- Pain and emotional distress
- Quality of life reductions
- Property damage
If your loved one has died due to another’s negligence or wrongdoing, an attorney can help you pursue a wrongful death claim. With a wrongful death claim, you can recover financial compensation for pre-death medical care, funeral and burial costs, and emotional suffering.
Contact a Personal Injury Attorney in Montana Today
Society has an obligation to the elderly and must protect them from those who would do them harm. If your loved one has been harmed, the Kalispell personal injury lawyers of Travis & Brann, PLLP can help you seek justice and accountability. Contact us online or reach out at (406) 752-7550 to speak to an attorney from Travis & Brann, PLLP regarding your personal injury claim.
