There are forty million drivers on the road who are 65 or older. Senior drivers have a higher than average risk of suffering catastrophic injuries when involved in car accidents. They are also more likely to have ongoing pain after an accident and can have a harder time getting the full compensation they are entitled to because the insurance company may claim that just about any injury was preexisting.
This is why seniors involved in car accidents need a qualified personal injury attorney on their side. Continue reading to find out more about what this means and what issues face seniors who are trying to get the compensation they are owed. Then reach out to Law Offices of Fernando D. Vargas at 909-982-0707 if you want a free legal consultation.
The seriousness of injuries to seniors in accidents
Any car accident can be catastrophic for a senior citizen. Younger victims can bounce back from many types of physical trauma but older adults do not recover as quickly or as well. Seniors are more likely to break bones in car accidents and broken bones in seniors lead to serious declines in their overall physical functioning. When you add in chronic pain it is easy to see how serious this situation can be.
California and the “Eggshell Plaintiff”
California has actually passed a law designed to protect seniors and vulnerable citizens of all types from being rejected for a personal injury claim on the grounds that they are fragile. The legal theory of what is known as the “Eggshell Plaintiff” requires that any defendant essentially take the plaintiff as they found them. As a result, if a senior is injured in an accident that would not have injured a younger person, the defendant cannot use that fact to escape liability.
Complications with senior citizens and prior conditions
It is very common for an auto insurance company to try and dispute a claim by stating the that injuries are actually a preexisting condition. When it comes to elderly people who often have long, complicated medical histories, it can be easier for these insurers to find an excuse to not pay out on a claim.
Once again, California has passed a law to try and prevent this issue. If a negligent driver in California causes a person’s preexisting to get worse, then the negligent driver can still be held accountable. Just because a condition was already present does not mean that the victim will not get the damages they are owed.
While these laws are in place to protect seniors and other vulnerable members of the population, they only work if you are working with an attorney who knows about them. Trying to negotiate yourself with the auto insurer can lead to a much lower payout than you are owed. To find out what your best options are, contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
