Elderly people are prone to accidents. Unfortunately, it’s an unavoidable effect that comes with age. According to the CDC, falls are the leading cause of injury for people 65 and older.
A recent study by Florida Atlantic University shed further light on the phenomenon. Researchers assessed the risk of delayed intracranial hemorrhage (ICH) in the case of a senior suffering a head injury following a fall.
The study results showed that out of 3,425 patients observed, 0.4% experienced a delayed ICH. The results were further supported by the Florida Medical Malpractice Joint Underwriting Association Grant for Safety of Health Care Services.
As much as we’d like to wrap our parents and grandparents in cotton wool to keep them safe from the outside world, mishaps do happen. What happens if they get hurt while at the grocery store? Who is responsible? Can they file a personal injury case?
We’ll answer your questions in the rest of the article below.
What Defines Personal Injury Law?
Defined as tort law, personal injury law covers a range of cases where a person is injured because of someone else’s negligence. It falls under the category of civil law, meaning one private party sues another private party.
Let us consider an example. Atlanta, Georgia, has a demographic of 17.7% of people over 65, according to the U.S. Census Bureau. The city has one of the highest populations of senior residents. If an elderly person is injured by another person’s negligence, the next step is to approach a local personal injury law firm.
They will be able to file a claim on her behalf and explain the procedure that follows.
Age Can Be a Deciding Factor
Ageism is alive and well, even in a courtroom. What should be an open and shut case becomes somewhat complicated when an insurance company is sued on behalf of the defendant.
Today’s Caregiver reported that everyone is entitled to compensation for an injury. However, the defendant’s lawyer will argue that most or all injuries were pre-existing before the incident.
Because seniors are more likely to have more pre-existing conditions than younger people, their chances of collecting a fair settlement are lessened.
The other side of the argument is that due to their age, the extent of their injuries is more severe, so they should get more compensation.
Age should not be a deterrent for an elderly person wanting to take their case further. An experienced personal injury attorney is dedicated to providing personalized legal services to those seeking justice and fair compensation, says Atlanta Personal Injury Law Firm.
Seniors Often the Neglected Minority
In 2022, nursing home operator Alden Group was hit with a proposed class action lawsuit.
Reuters reported that the Chicago-based company was accused of intentionally understaffing its nursing homes, resulting in dangerous conditions for its elderly residents.
Senior advocacy group AARP filed the lawsuit on behalf of more than 1,000 nursing home residents. They demanded that the court appoint a monitor to ensure Alden complied with Illinois’s nursing home law.
Because of the inadequate care, residents had fallen down stairs while in wheelchairs. Others suffered weight loss and dehydration due to neglect.
Alden contested the lawsuit and said it vigorously denied any allegations of wrongdoing.
The lawsuit thrust the neglect and vulnerability of the elderly into the spotlight. The very place responsible for their care was accused of heinous abuses.
Instead of being allowed to file a civil lawsuit against the homes, they were reportedly forced to sign agreements waiving their right to sue. The lawsuit is ongoing.
Elder Law
The National Council of Aging states that one in 10 people in the U.S. over the age of 60 have fallen victim to some form of elder abuse.
If you suspect someone you know is being abused, help is available. Taking legal recourse entails hiring a personal injury lawyer with extensive experience in elder abuse laws.
You could encourage the senior to pursue a claim to recover compensation for medical bills or loss of income. A personal injury attorney will assist in pursuing a lawsuit or negotiating a settlement.
In the meantime, you can do your part in preventing a possible personal injury claim. To reduce the risk of falls for the elderly, ensure they exercise regularly.
The CDC recommends older adults go for brisk walks, jogging or hiking to strengthen muscles. To maintain balance, experts suggest a balance-supporting physical therapy routine.
Don’t forget to check their vitamin levels. A deficiency in vitamin B12 was found to increase fall risks, board-certified neurologist Dr William Buxto tells US News.
Hopefully, this article has given you a better understanding of personal injury law and the rights of seniors wanting to lodge a claim.
