Let’s clear something up—when it comes to personal injury cases in the State of Indiana, senior citizen discounts do not apply. Unfortunately, insurance companies sometimes try to apply a discount when compensating senior citizens for their injuries. An Indiana injury lawyer can help you understand this misconception.
This blog will examine the top five arguments that insurance companies use to justify offering less money to injured seniors.
Argument 1: Age Contributed to the Injury
When a senior citizen is an injury victim, insurance companies like to claim that age was a contributing factor. Broadly speaking, this means the insurance company is arguing that a younger, healthier person either wouldn’t have been hurt as seriously as the actual victim or that a younger, healthier person wouldn’t have been hurt at all. This is age discrimination, plain and simple.
We’re not allowed to generalize in this way about a person’s race, religion, or gender, and we likewise can’t do it with regard to age. In fact, the law prohibits stereotyping and speculation in the courtroom. Even when the ageist argument is only implied, it’s still inappropriate and unfair.
Argument 2: Fewer Years Remaining Should Mean Less Compensation
Another dirty insurance company trick is to factor in life expectancy when determining compensation. The insurance company assumes that because an older victim has a shorter life expectancy, the victim deserves less compensation. This is shortsighted.
Senior citizens are entitled to enjoy their retirement free from pain and injuries. In fact, an experienced personal injury lawyer could argue that compensation for these golden years—spent with family, friends, and hobbies—is potentially more valuable than compensation would be during one’s working years.
Argument 3: This Victim Already Had Health Issues
Our bodies deteriorate over time. This is just the way it works. Unfortunately, insurance companies will use this biological fact as an excuse. The argument goes something like this: This injury victim was already falling apart, and we can’t possibly distinguish fresh injuries from old wear and tear. This is nonsense!
The assessment of every personal injury case is based on facts and specific details—not on generalizations. It’s normal for someone who’s lived a full life to have visited the doctor a few times. It’s even normal for a person to have a medical condition or two by the time they’re a senior! This is no reason to diminish the responsibility of the person who caused the injury.
Argument 4: Retired Injury Victims Aren’t Missing Out on Lost Wages
When an injury victim has more road behind them than in front of them, it might seem natural to assume that person has diminished earning potential. An insurance company has no problem making this assumption. They might even say it out loud!
It might be true that a retired senior citizen shouldn’t be compensated for lost wages they were never going to earn, but the implication here is that older folks don’t really deserve to be fairly compensated. An experienced Indiana injury lawyer knows that wage loss isn’t the whole story, and it never will be. It’s simply one factor to be considered.
Argument 5: Calamity Was Inevitable
Bad things happen to everyone, and we all face various kinds of adversity. But just because life necessarily involves suffering, that doesn’t mean a person shouldn’t be compensated when their pain was caused by someone else’s negligence.
Senior citizens and elderly individuals don’t deserve to be written off. They’re entitled to full compensation and justice. The responsible party or their insurance company isn’t entitled to a break just because the person they injured already had brittle bones. There are no senior discounts in personal injury law.
Make the Right Call
An insurance company is sure to have plenty of tricks up its sleeve. This is why you need an experienced Indiana injury lawyer looking out for your interests. If you’ve been injured by someone else’s negligence, and the insurance company is trying to play hardball, give us a call at 317-632-3642. Let the Marc Lopez Law Firm turn your frustration into compensation.