In the United States, there are more than 40 million drivers who are over 65 and have a license. These senior drivers are more likely to incur catastrophic injuries in an accident, in addition to having a higher probability of being involved in one.
Seniors require longer to recuperate from injuries and are more prone to experience excruciating pain. Can they receive the full reimbursement due to these increased damages following an automobile accident, or would the insurance company see their age as a “preexisting condition”? If you are a senior who has been hurt, continue reading to learn more, but call Law Offices of Fernando D. Vargas at 909-982-0707 immediately away for a free legal consultation.
The truth about elderly drivers and injuries from auto accidents
The truth is that a younger automobile accident victim will frequently recover quickly from the shock of the incident. On the other side, an adult is more likely to have difficulty recovering in the same way as they age. Seniors are more prone than younger people to break a bone in an accident, which can lead to a range of physical functional issues. Senior vehicle accident victims are more likely than younger ones to experience chronic pain.
How to interpret the eggshell plaintiff
In California, there is a legislation in place to safeguard people who are more susceptible in accidents, such as the elderly. The goal is to shield these individuals from having their damage claims denied because of their more delicate conditions. The defendant must accept the plaintiff as they were discovered, according to the eggshell hypothesis, which is what it is called. In essence, this implies that the defendant cannot utilize the fact that an old person was hurt in an accident to absolve himself or herself of responsibility.
Prior conditions and the impact on awards for personal injuries
An automobile insurance adjuster would likely make an effort to refute a senior’s claims by asserting that the plaintiff’s ailments were preexisting conditions. This preexisting condition concern might be important if a person has a lengthy medical history, as many older people do. According to California, the plaintiff is accountable for the aggravation of preexisting problems.
Elderly drivers should be aware that their prior conditions will not bar them from pursuing damages after an accident. In fact, the defendant could have to cover the whole amount of damages that resulted from the injury or condition getting worse as a result of the accident.
Call the Law Offices of Fernando D. Vargas at 909-982-0707 if you have any queries concerning older drivers and incidents involving them. A free legal consultation is available.