Our client, a 78-year old woman, suffered relatively minor injuries in a low-impact motor vehicle accident that occurred near Paradise Valley Mall in Phoenix, Arizona. However, just 11 days after the accident, she suffered a heart attack and was diagnosed with acute coronary syndrome.
If the heart attack had not occurred, our client’s medical bills would have totaled less than $2,500. The medical bills related directly to treatment of the heart attack, however, totaled over $77,000. The person responsible for the accident had $100,000 in liability
insurance coverage at the time of the accident. Because our client had no past history of any cardiac conditions, we successfully argued that the heart attack was a direct result of the trauma and anxiety she suffered as a result of the accident. Additionally, because of our client’s age, we cited the “eggshell plaintiff” rule which provides that a person is held liable for injuries which are more serious because of a person’s particular vulnerability to that injury.
The other driver’s insurance company paid policy limits of $100,000. Shortly thereafter, our client’s insurance company paid an additional $15,000 pursuant to the underinsured motorist coverage afforded under her own policy.
The information contained in this article should not be construed as legal advice or legal opinion on any matter discussed. The contents are intended for general information purposes only. Always consult a qualified attorney for legal advice on a specific matter.