Focus on General Damages in the Golden Years
Damages in a “Golden Years” injury case (where the plaintiff is of retirement age or older) may best be utilized if a greater focus is placed on noneconomic, or general, damages. General damages include, but are not limited to, pain, suffering, and loss of enjoyment of life. It seems logical that these damages would be heightened at retirement age since that is when many people are more able to enjoy free time with family, or take vacations, or pursue hobbies that their previous work life did not allow time to nurture. Most Americans work for decades and look forward to a retirement offering freedom to enjoy whatever activities they choose. An injury during this time can diminish the ability to enjoy those leisure pursuits. This is one reason the “Golden Years” damages should focus more on the general, or “pain, suffering, and loss of enjoyment of life” damages.