Can an Elderly Person File an Injury Claim as a Result of Property Negligence?

As we grow older, we become more prone to injuries and accidents due to the physical and cognitive decline that comes with old age. The same accident which would cause nothing more than a bruise in a younger person might result in a bone fracture in a senior citizen. Accidental injuries lead to more than 50,000 deaths in older individuals (aged 60 and above) every year.

When these injuries result due to property negligence, the victim of the accident can file a lawsuit against the property owner. Older age or existing illnesses are no excuse to snub older citizens of their deserved financial compensation. With the help of an experienced and knowledgeable slip and fall lawyer at Salamati Law Firm in Los Angeles, CA, you can prove your claim in a court of law and get the compensation you or your loved ones deserve.

What is Property Negligence?

Property negligence refers to the negligence of a property owner to address any safety concerns at the property. If harmful conditions exist at a property, people are more likely to get injured. It is especially serious in the case of the elderly, where small injuries can have devastating consequences. 

Some common accidents that may involve property negligence include slip and fall accidents at public or private property and pedestrian or sidewalk accidents, etc. 

Filing an Injury Claim

The progressive motor decline in old age makes the elderly more susceptible to serious injuries as a result of accidents. Older individuals also tend to heal slowly, and the process of healing might further be complicated by health conditions like Diabetes Mellitus, Hypertension, etc. Coupled with the fact that older individuals have higher expenses like elaborate nursing care, intensive medical or surgical care, etc., the medical bills alone can put a significant strain on their finances.

You can file an injury claim against the property owner if you are injured in such an accident. Through the lawsuit, you can obtain financial compensation for the medical bills, diagnostic tests, property damages, loss of enjoyment, pain and suffering, etc.

Determining and Proving Liability

To successfully obtain financial compensation, it is essential to prove that the accident resulted from the negligence of the property owner. It is important to collect evidence at the scene of the accident including photos, videos, witness testimonies, and more, to ensure that your case will stand on a strong foundation.

It is important to remember that for the elderly, no insurance provider can use their pre-existing medical conditions as an excuse for lower compensation. The eggshell skull doctrine prevents the use of the victim’s physical or cognitive fragility as a defense in an injury claim. This legal principle ensures that the elderly victims will receive adequate financial compensation for their injuries.

Hiring a Personal Injury Lawyer

It is ideal to hire a personal injury lawyer to represent you in an injury claim to ensure that you receive fair compensation for your injuries. An experienced attorney can expertly guide you through the intricacies of the legal process and help you obtain the compensation you deserve.