Insurers or their solicitors often submit that damages for elderly accident victims ought to be reduced to take into account their advanced age, presumably on the basis that elderly people will suffer pain and disadvantage for a shorter period than younger people. They often recite the New South Wales Court of Appeal decision in Reece v Reece.
That’s probably fair enough for accident victims who are actually quite old. However it is not unusual for insurers to submit that accident victims as young as 60 ought to have their damages reduced, because of age.
These submissions can be offensive, particularly to older Judges.
In the matter of French v QBE