With over forty million drivers above 65 years on the highways, the vulnerability of senior drivers in accidents is undeniably heightened. The aftermath of a vehicular accident can be particularly devastating for them, given their heightened risk of severe injuries and persistent pain. What further complicates matters is the inclination of insurance firms to argue that an elder’s injury was pre-existing, thereby undermining their compensation claim.
Elders navigating these challenges immensely benefit from the expertise of a seasoned personal injury lawyer. Dive in to gain insights on the gravity of injuries seniors face and the intricacies surrounding their rightful compensations. If you are seeking a no-obligation legal consultation, reach out to Law Offices of Fernando D. Vargas at 909-982-0707.
Understanding the Deep-Rooted Injuries Seniors Encounter in Vehicular Accidents
An accident that might be a mere setback for a younger individual can potentially be life-altering for a senior. Their resilience in bouncing back from physical traumas is comparatively less robust. This makes them more susceptible to bone fractures following accidents. Add to that the ordeal of enduring chronic pain, and the magnitude of their plight becomes palpable.
California’s Stance: The “Eggshell Plaintiff” Doctrine
To bolster the protection for the elderly and other susceptible populations against unfair claim rejections owing to their frailty, California has a noteworthy doctrine in place: The “Eggshell Plaintiff”. This principle mandates that a defendant must accept the plaintiff in the state they found them. Thus, the defendant’s arguments that an elder’s injuries were due to circumstances that would not harm a younger individual hold no water in escaping liability.
The Dilemma with Seniors and Pre-existing Conditions
Insurance companies, in their quest to refute claims, often play the card of pre-existing conditions causing the injuries, more so with seniors who might have a rich tapestry of medical histories. This tactic becomes their go-to strategy to unearth reasons for claim denials.
To counteract this prevailing issue, California’s legal landscape has yet another ace up its sleeve. The state asserts that even if an individual’s pre-existing condition intensifies due to a reckless driver, that driver can still be pinned down for accountability. The mere existence of a condition at the accident’s time is not a free pass for insurance companies to shrug off compensations.
However, these protective legislations truly come to life when backed by a lawyer who knows the ropes. Venturing solo in negotiating with car insurance entities might leave you short-changed. To get a comprehensive understanding of the optimal path forward, feel free to connect with Law Offices of Fernando D. Vargas at 909-982-0707.
