Are There Special Rules for the Elderly in Car Accidents?

When you or a loved one who is elderly is injured in a Fort Myers car accident, some special rules help protect your rights. Our car accident lawyers can help you understand the laws and how they apply to your case. 

Our Fort Myers car accident lawyers at Viles & Beckman explain the special rules for the elderly in car accidents. Our personal injury law firm has over 40 years of combined experience in helping elderly car accident victims.

Intentional Harm Against Elderly Drivers Is a Crime

Florida law recognizes elder abuse as a serious crime. Under Fla. Stat. § 825.102, intentionally harming an older person can result in criminal prosecution. This statute aims to protect vulnerable seniors, including in the event of vehicle collisions where the at-fault party:

• Deliberately caused the accident in an attempt to injure or financially exploit the elderly victim physically. Intentionally ramming another vehicle or forcing it off the road would apply.
• Refused to stop and deliberately left the accident scene to avoid rendering aid, even if the crash itself was unintentional. Failing to call for medical help could lead to charges.
• Provided false information to law enforcement or insurance adjusters to shift liability and minimize the senior’s claims for compensation. Lying about the accident details constitutes abuse.
• Coerced or threatened an elderly victim to accept an unfairly low insurance settlement or drop potential litigation against the at-fault driver.

Crimes against older adults are taken very seriously. Police and prosecutors have the discretion to file charges for intentional or willful acts that directly resulted in physical, emotional, or financial harm to senior accident victims.

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Florida’s Eggshell Doctrine Protects Older Adults’ Compensation

Insurance companies don’t truly care about people’s injuries in car accidents. And when it’s an older person, they’re no different. In fact, one of the most common tactics insurance companies try to use against injured elderly drivers in accidents is blaming your health, previous injuries, and even your age to deny you compensation.

While this can sound scary after you’ve been in an accident, there’s a common law in Florida called the Eggshell Doctrine to protect your rights. Our Fort Myers car accident lawyer can help you in the aftermath of your accident so you don’t get taken advantage of.

Eggshell Plaintiffs

Older adults are vulnerable, and under the eggshell doctrine, they’re referred to as the eggshell plaintiffs. An eggshell plaintiff is someone who has a heightened risk of suffering severe injuries that other people wouldn’t. The eggshell doctrine tells insurance companies that they must take you as you are, so your age and other factors cannot be a reason to deny you compensation.

For seniors, even minor car accidents can result in more substantial harm due to natural aging processes. Common age-related injuries that may be exacerbated in a crash include:

• Bone fractures: Osteoporosis makes bones more brittle and prone to breaking, especially hip fractures, which are difficult for older adults to recover from.
• Soft tissue damage: Muscles and ligaments typically become less elastic over time and tear more easily from sudden impact forces in an accident.
• Whiplash or spinal injuries: Pre-existing arthritis or disc issues heighten susceptibility to long-term pain and mobility problems from accidents.
• Head trauma: Brain injury outcomes tend to be worse for seniors, and cognitive or emotional issues may be prolonged.
• Internal bleeding: Medications like blood thinners complicate treatment, and thin walls make arteries and organs more rupture-prone.

Florida’s eggshell plaintiff rule ensures elderly motorists receive full remedy, regardless of their particular vulnerabilities to substantially worsened injury outcomes compared to younger individuals in similar crashes.

How Can a Car Accident Lawyer Protect Elderly Car Accident Victims?

After an accident, older car accident victims may face challenges advocating for themselves against powerful insurance companies and the complex legal system. An experienced car accident attorney in Fort Myers at Viles & Beckman can safeguard older adults in the following key ways:

• Aggressively pursue maximum compensation: Attorneys have the experience and resources to obtain full damages for medical care, lost wages, life care plans, suffering, and other costs that are not easy for victims to calculate alone.
• Review medical treatment: Our car accident lawyers ensure accident injuries and pre-existing conditions are properly addressed without under-treatment or overcharging of medical bills.
• Audit insurance claims processing: Scrutinizing claim evaluations and payouts helps avoid unfair denials, reduce liability issues, or prevent improper assessments of an elder’s needs.
• Assist with life care coordination: Attorneys work with medical experts to develop an appropriate life care plan mapping out lifelong health and financial requirements after injury.
• Negotiate structured or annuity settlements: Structured arrangements that provide periodic payments can better suit elders’ long-term needs compared to lump sums.
• Resolve swiftly to prevent stress: Quickly achieving settlements through negotiations or litigation prevents elderly clients from enduring lengthy delays that can impact their health.
• Protect assets and public benefits: Lawyers ensure compensation is handled properly under Medicaid and other social programs without jeopardizing eligibility for services.

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Compensation that You Can Recover After an Accident

After a car accident caused by another party’s negligence, elderly victims may be entitled to compensation for certain damages under Florida law. An experienced personal injury lawyer in Fort Myers can pursue full recovery for losses, including:

• Medical expenses: Past and future costs for doctors, surgery, rehabilitation therapies, medications, nursing care, assisted living, and medical equipment.
• Lost wages: Recovery for lost earning capacity or inability to continue working due to accident injuries.
• Pain and suffering: Compensation for physical and mental pain endured from accident injuries and their long-term effects on quality of life.
• Loss of consortium: If married, damages for lost companionship from a spouse who can no longer participate in the relationship due to injuries.
• Life care planning: Costs associated with future long-term physical, medical, social, or custodial requirements well into old age.
• Wrongful death: If the accident was fatal, compensation for family members for lost financial support and companionship provided by the victim.
• Property damage: Recovery of costs to repair or replace a vehicle, medical device, or other property damaged in the accident.

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Learn More About Special Rules for the Elderly in Car Accidents

At Viles & Beckman, our Fort Myers car accident attorney can help you get the compensation you deserve. We’re ready to build a strong case that helps you heal from your injuries and losses.

Contact us to learn more about special rules for older people in car accidents.

Call or text (239) 334-3933 or complete a Free Case Evaluation form