Traumatic brain injuries in older adults present unique medical and legal challenges. Age-related factors affect injury severity, recovery potential, and damage calculations, while pre-existing conditions often complicate causation arguments.
Increased TBI Risk in Elderly
- Falls – Leading cause of TBI in adults 65+
- Balance and mobility issues – Increase fall risk
- Blood thinners – Anticoagulants increase bleeding risk and severity
- Brain atrophy – Age-related brain shrinkage increases subdural hematoma risk
- Thinner skull – Less protection from impact
Medical Complications
- Higher mortality rates from similar injuries
- Slower and less complete recovery
- More complications during treatment
- TBI may accelerate cognitive decline
- Difficulty distinguishing TBI from dementia
Legal Challenges
Pre-Existing Conditions
Defendants argue cognitive symptoms reflect pre-existing conditions rather than TBI. However, the "eggshell plaintiff" rule means defendants take victims as they find them—vulnerability doesn't excuse negligence.
Life Expectancy
Shorter remaining life expectancy reduces projected future damages but doesn't eliminate claims for:
- Pain and suffering
- Medical expenses
- Loss of quality of life
- Accelerated decline
Limited Economic Damages
Retired individuals may have limited lost earnings claims, making non-economic damages more important.
Damages in Elderly TBI Cases
- Medical expenses and increased care needs
- Accelerated need for assisted living or nursing care
- Pain and suffering
- Loss of remaining quality years
- Impact on spousal relationships
Common Defendants
- Nursing homes (for falls)
- Property owners (premises liability)
- Drivers (motor vehicle accidents)
- Healthcare providers (medical malpractice)
Conclusion
Elderly TBI victims deserve full compensation despite defense attempts to minimize claims based on age. Experienced attorneys counter age-bias arguments and demonstrate the true impact of TBI on older adults' remaining years.