Senior citizens, who are typically retired, have a unique set of circumstances in their lives, and the courts have done their best to address these. Senior citizens often have limited incomes; injuries that require extensive medical care or result in limitations around the home can, thus, be especially devastating.
The issue of senior citizens and compensation for personal injury claims arose in a recent Supreme Court of British Columbia case:
http://www.courts.gov.bc.ca/jdb-txt/SC/15/13/2015BCSC1333.htm
This case involved an 80 year old woman who sustained personal injuries in a rear-end collision on the Lions Gate Bridge. This married woman had previously been self-sufficient, but was left with disabling physical and mental injuries. She was successful not only in receiving a large claim for pain and suffering but was also awarded $681,090 for future care costs. It was determined that the plaintiff was likely to need full time care in a residential facility and that her husband had the right to join her there.
When determining the plaintiff’s pain and suffering award, the judge turned to the “golden years” doctrine, which is meant to specifically take the circumstances of the elderly into account. The Golden Years doctrine takes into account various factors, including: the high value of retirement years; the profound effect injuries can have on elderly plaintiffs; and the unfortunate reality that elderly people are likely to pass away sooner than younger people. The plaintiff claimed $185,000 for pain and suffering and was awarded $180,000. This relatively high award reflects the profound effect the plaintiff’s injuries had on all aspects of her life.
