Personal Injury and Age

A photo motivated this newsletter:

I looked at those hands and thought of my own.

I've sent out newsletters about age before. Usually it relates to things like concussion. But there's more to it than just how age affects susceptibility to and healing from certain types of injury.

Age can also be really important in terms of assessing impact on quality of life.

There are obviously outward changes associated with aging. The texture and elasticity of skin is one of the most noticeable. But inside that wrinkled packaging is an evolved version of the same person who lived in a smoother version of it 30, 40 or 50 years ago.

Even though older people are more susceptible to injuries like concussion, their quality of life is still worth at least as much or more than the quality of life of younger people.

That's because most older people are better able to appreciate what they have than younger people who oftentimes take what they have for granted.

How do I know that's true? Conversations with older people. Lived experience. Interactions with my kids.

When we're computing damages in personal injury cases we frequently use equations.

Quality of life x life expectancy = non-economic damages

For older people, even though the life expectancy number is going to be smaller, I think the quality of life number needs upward adjustment.

As I was dictating this, I was walking down a ramp between two parking lots. I felt the sun on my face. I absorbed the different textures on the aggregate sidewalk. I saw people struggling and appreciated the fact that I was able to walk without assistance.

Probably 10, 20 or 30 years ago I wouldn't have noticed any of those things. I am much more appreciative now of/for what I have.

The kind of appreciation that comes with age is a big part of the calculus when it comes to determining the value of what an older person has lost.

#age

#quality of life

#damages