Fighting Back: Did Your Elderly Parent Receive An Unfair Accident Settlement?

If your elderly parent is injured during an auto accident or slip and fall incident, you expect him or her to receive a fair settlement for his or her injuries. But if the other party's insurance company doesn't offer a fair settlement to compensate for your loved one's injuries, you need to fight back through a personal injury attorney. The attorney will take steps to protect your loved one's rights as an elderly person, as well as fight for a settlement that reflects the extent of your parent's pain and suffering. Here are some things the attorney addresses during your loved one's case.

Your Elderly Parent Didn't Receive a Fair Settlement Because of Age

Although this isn't true with all insurance companies, some may not think that your parent is worth a fair compensation because of his or her age. If an insurance company bases your parent's accident compensation on his or her life expectancy, your loved one may not receive a reasonable settlement for his or her injuries.

The insurance company may think that the money will go to waste because your loved one may not live long enough to use it. However, as more and more elderly individuals live longer, more productive lives today, the personal injury attorney can fight this unfair assumption about your parent's age in court.

One of the ways to do so is gather and present facts about today's life expectancy for older people. The attorney may highlight past, present and future healthcare advancements that increase the lifespans of older clients.

For example, some recent medical advancements improve the health of older people who suffer from rheumatoid arthritis. If your loved one takes advanced medications to manage or control a medical condition, the injuries from the accident can cause a setback in his or health.

Depending on the extent of the injuries, your loved one's medical expenses may increase substantially. When your loved one doesn't receive a fair insurance settlement, he or she can't pay for his or her medical care, which affects your loved one's overall health.

In addition, if your parent doesn't have other insurance benefits, such as state benefits, to help pay for the expenses, he or she may need to spend use his or her savings or retirement funds to compensate for the loss.

Your attorney will present evidence of your loved one's growing medical expenses to the insurance company. If the insurance company refuses to accept the evidence, the attorney can file a claim with personal injury court and present the evidence to a judge.

You can help the attorney gather evidence by giving him or her copies of your loved one's financial accounts. If your loved one's finances decreased due to paying on the medical expenses, the accounts will show this.

Your Elderly Parent's Quality of Live Declines

An unfair accident settlement can affect your parent's quality of life, as well as his or her finances. Your loved one can become depressed from the accident and subsequent medical expenses. A personal injury attorney can address this issue with the insurance company directly or in court. However, the lawyer must obtain evidence of your loved one's decline in his or her quality of life. 

Securing written or video affidavits from people who socialize with or know your parent is something the attorney may do. For instance, the affidavits may come from individuals who:

  • Do volunteer work with your parent 
  • Play golf, bingo or some other activity with your parent
  • Live next door to your parent

If your parent doesn't show up to his or her daily activities, communicate with neighbors and friends, or volunteer anymore, the affidavits will verify these changes. The low settlement affected your parent's ability to live a comfortable lifestyle.

You can help get the evidence your attorney needs by keeping records of times your parent doesn't show up for family functions, appointments and other important events. You can also ask other family members to keep an eye out for changes they notice with your parent.

When your loved one doesn't receive the money he or she deserves, don't let the insurance company win. Contact a personal injury attorney on your parent's behalf and fight back. Click for more info here.