Damages For Senior Plaintiffs – The "Golden Years Doctrine"?

Calculating damages for pain and suffering is not a straightforward analysis for a judge or jury. There are a number of factors that are considered when determining the amount. Specifically, Courts have grappled with how to effectively assess such an award in cases dealing with senior plaintiffs, where one of the key factors is the plaintiff's age. Defendants often argue that a plaintiff's advanced age and shorter life expectancy justifies lowering an award because there are fewer years to suffer than with a younger plaintiff. However, the Golden Years Doctrine has been used by plaintiffs to diminish that argument.

The doctrine stands for the principle that awards ought not to be reduced based solely on the age of the plaintiff. At some point in people's lives, aging limits activity which in turn, increases the perceived value of one's remaining physical functions. The loss of any of these reduced functions impacts the plaintiff in a greater manner as a result.