Podcast Description
In this episode of It’s No Accident, Jaeson and Mark talk about the unique challenges that come with personal injury cases involving elderly clients. They dive into how pre-existing conditions often become a go-to defense tactic, and why reviewing a client’s full medical history is so important before depositions.
Jaeson shares how even the most active seniors who were golfing, traveling, and enjoying life, can face frustrating arguments that their injuries weren’t caused by the accident. They also explore how age impacts future medical care and compensation, especially when someone has already outlived the “average” life expectancy. From mortality tables to family health history and quality of life in the golden years, Jaeson and Mark explain how they fight for fair outcomes for older clients. It’s a real look at how personal injury law affects people at every age.
Episode Transcript
Alright, so obviously, you know, with the kind of cases we handle—whether it’s car wrecks, falls, or any type of injury case—injuries don’t discriminate. They happen to really young people, middle-aged people, and older people. We see clients of all different ages.
I know recently you had a mediation with a gentleman who was on the older side. Having a really young client might present some challenges, but having an elderly client can also present a whole different set of challenges. I think you had some of those come up recently in that case, right?
Yeah, it was more about the conversations leading up to mediation and some of the arguments you hear from the defense attorney when you’re negotiating. When you’re dealing with an elderly client, it presents some issues you might not necessarily see with someone in their 20s, 30s, or 40s. Once someone is in their 70s or older, certain things start to come up more frequently.
The main thing I see from defense attorneys is the argument about pre-existing conditions. If I’ve got a client involved in a car wreck who has neck and back issues—maybe a herniated disc—it’s not difficult for the defense attorney to subpoena their past medical records and find some mention of neck or back pain. That’s just something that happens over time. But I have clients all the time who are living active, fulfilling lives. They’re retired, playing golf, riding bikes, traveling, spending time with loved ones, and lifting their grandkids. Then they get into a wreck, and suddenly those activities cause pain.
When we bring the claim, defense attorneys will often point to something like, “Well, five years ago they told their doctor they had back pain after working in the yard.” And then the argument becomes that the pain is not related to the wreck, so they don’t want to pay.
Exactly. So, what do you do in that situation to help combat that argument?
It’s really twofold. First, the defense is going to try to blame the pain on pre-existing conditions instead of the wreck. So we have to deal with that. Second, with elderly clients who have lived full lives, it’s likely they have had some neck or back pain at some point. It’s important to help them remember those prior issues because they’ll be questioned in a deposition. It’s a lot better if they remember it than if they deny it and it later shows up in their records. That can really mess things up.
We go through their prior medical records to help jog their memory and prepare them for what to expect. When it comes to the pre-existing condition argument, we typically embrace it. We acknowledge that, yes, this person had prior issues. They were already in a somewhat weakened state. It didn’t take a huge impact to make things significantly worse. A 25-year-old spine reacts differently than a 75-year-old spine.
Exactly. They’re trying to use it as a negative, and we try to flip it and show that it’s more difficult to recover from injuries when you’re older. You’re more vulnerable.
You bring up a good point about memory. If the back pain was 10 or 15 years ago and they forgot, it’s not so bad. But if they were in a pain management clinic six months before the wreck, getting injections, and they deny it, that becomes a serious problem. So, we try to get the names of all their past doctors, pull those records, review them, and refresh their memory. In almost every case, there’s at least one thing in the records that surprises the client—something they don’t remember saying.
Exactly. A little bit of prep before a deposition goes a long way. It’s amazing how often clients have gone through previous depositions with other attorneys and only got five minutes of prep. They were told, “Just tell the truth.” And yes, we do want them to tell the truth, but that’s not enough. They think they’re telling the truth, but they may not remember everything accurately. That’s why reviewing records beforehand is crucial.
Also, in these cases, a big part of the settlement involves future medical care and pain and suffering. That gets more complicated when someone is 80 versus 40. Many people don’t realize we use mortality tables put out by the CDC to estimate life expectancy, which plays into how we calculate damages. We might argue, “This person is 40; life expectancy is 83.” But what about someone who is already 85?
I recently had a client who had surpassed his CDC life expectancy. When I met him, I thought he was 65. He was actually 83—active, joyful, and living a fulfilling life. He was still golfing, walking with his wife, and traveling. The CDC tables said he should have already passed away, which made for an awkward conversation.
One way I address that is by asking about family history. Often, they’ll say, “My dad lived to be 96, my mom lived to 91.” That helps us argue that the CDC table is just an average. Based on family history and lifestyle, this person may live another 10 or 15 years.
Exactly. The mortality tables are just one piece of evidence. We can bring in other details—family longevity, lifestyle, activity level. Someone who exercises regularly is more likely to live longer than someone who’s bedridden.
At trial, you can also raise the question: Are all years of life created equal? If the last five years of your life are filled with constant pain from someone else’s negligence, that might be worth more in damages than pain experienced earlier in life. These are supposed to be the golden years, not filled with surgeries, pills, and physical therapy.
You’ve worked your whole life to enjoy this stage, and sometimes a serious injury can throw all those plans off track.
Jaeson continued his studies at Florida State University College of Law, graduating with a Juris Doctorate in 2011. Throughout his law school career, Jaeson regularly volunteered his time at Florida Legal Services, where he assisted with several projects aimed at advancing the rights of low-income families in Florida. Jaeson has recovered millions of dollars from individuals for his clients. For his efforts, Jaeson was inducted in 2016 into the Multi-Million Dollar Advocates Forum. At the time of his induction, he was one of the youngest attorneys in the State of Florida to be inducted.
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