The Value of the Golden Years
John and Sally were involved in a car crash when they were rear ended at a stop light. The accident was not their fault and their car sustained little damage. They were able to drive their car home and John called the insurance company’s telephone claims line to report the incident. Both John and Sally felt shook up but unharmed and reported that to the insurance company.
Throughout the evening, both John and Sally began to feel their muscles ache and Sally’s shoulder bothered her a great deal where the seatbelt had restrained her. The next day they awoke very sore and went to see their doctor, who told them they have whiplash injuries and Sally has a rotator cuff tear. She will be unable to use her arm as she had in the past until it heals, if it heals. They report the injuries to their insurance company as well.
John and Sally are retired and enjoy bowling, knitting and gardening. With their injuries, they are both unable to participate in these activities for over a year while their injuries heal and they attend for rehabilitation treatments. Sally’s shoulder has not healed completely, and she is still unable to bowl or knit and must garden with accommodations made for her injured shoulder.
John and Sally’s insurance company offered them each $1,000 for their injuries and paid to repair their car. They were told that because they were retired, there was no wage loss and their activities were modest and did not impair them in the same way a young person would be affected.
John and Sally met with a lawyer, who advised them that their pain and suffering from their injuries are not less than a young person. The Court places value on a person’s enjoyment during their golden years of retirement. After working most of their adult life, a person looks forward to and is entitled to enjoy their retirement. During those years, mobility and health are paramount. When a careless driver takes away that mobility and health, it should be and is compensable by the insurance company as a valid claim for pain and suffering or loss of amenities.
If you have been injured due to the negligence of another, it is important to know your rights and what your losses are truly valued at. A lawyer can help you understand your rights and if you wish, deal with the insurance company on your behalf. If you would like advice regarding your car accident injuries or for more information regarding such matters please contact Chahal Priddle LLP at 250-372-3233 to set up an appointment today.