If your elderly loved one has been seriously injured in a fall, you may be entitled to significantly higher compensation than younger victims—but insurance companies will fight hard to downplay the claim. At Bojat Law Group, our premises liability lawyer Sasha Bojat has secured payouts 5-10 times larger for senior clients by leveraging California’s unique protections and medical evidence most families don’t know exists. Here’s exactly how we prove these cases—and why acting fast is critical.
Why Elderly Fall Cases Are Different
1. The “Eggshell Plaintiff” Doctrine
California law requires property owners to take extra precautions for vulnerable groups. Even if:
✔ The hazard wouldn’t have seriously injured a younger person
✔ Your loved one had pre-existing conditions (osteoporosis, mobility issues)
✔ The fall seems “minor” at first glance
Example: We won $1.4M for an 82-year-old who broke a hip on a slightly uneven sidewalk—because the city knew seniors frequented that area.
2. Catastrophic Medical Consequences
For seniors, falls often trigger a downward health spiral:
Hip fractures → 25% die within 1 year (Journal of Orthopaedic Trauma)
Hospital delirium → Accelerates dementia
Bedsores/infections → From prolonged immobility
Settlement Impact: We work with geriatric specialists to project lifetime care costs, not just immediate bills.
3. Higher Standards for Senior Facilities
Assisted living/nursing homes must follow strict CA regulations:
Handrail height requirements (34-38 inches)
Door threshold limits (<1/2 inch rise)
Bed rail protocols (to prevent roll-offs)
Recent Case: $2.3M verdict against a Bakersfield facility for ignoring repeated staff complaints about loose carpeting.
4 Key Pieces of Evidence We Use to Maximize Payouts
1. “Before and After” Functional Assessments
We document:
Loss of independence (e.g., needing 24/7 care post-fall)
Cognitive decline (via neuropsychological testing)
Day-in-the-life videos showing struggles with daily tasks
Settlement Boost: This evidence added $750K to one client’s case.
2. Violation of ADA and CA Building Codes
Common oversights we exploit:
Improper ramp slopes (>1:12 ratio violates ADA)
Missing tactile paving (required near crosswalks)
Inadequate lighting (<5 lux in senior living areas)
Pro Tip: We hire forensic engineers to measure these within days of the fall.
3. Facility Inspection Records
Through public records requests, we uncover:
Unaddressed hazard reports (e.g., “wet floor” complaints)
Understaffing patterns (fewer aides = more falls)
Delayed incident responses (security cam timestamps)
Example: Proved a facility took 47 minutes to help a fallen resident—secured $1.8M.
4. Life Care Plans
Our medical economists calculate:
Future surgeries (joint replacements, wound care)
Home modifications (ramps, stairlifts)
24/7 nursing care costs
Sample Payout: $3.2M for a client needing decade-long memory care post-fall.
How Insurance Companies Lowball Elderly Victims
They’ll claim:
“They were bound to fall eventually” → We rebut with mobility experts
“Pre-existing conditions caused this” → We cite the eggshell plaintiff rule
“They signed a waiver” → We prove facilities hid risks in fine print
Recent Win: Overturned a
25K offer into 1.1M by exposing the adjuster’s age bias.
What to Do RIGHT AFTER an Elderly Fall
- Photograph everything – Shoes, hazard, lighting conditions
- Demand facility surveillance – It’s often deleted in 72 hours
- Avoid “incident reports” – These often contain sneaky liability waivers
- Call (818) 877-4878 – Our team secures evidence while you focus on care
Why Most Families Lose These Cases
They:
Wait too long (witnesses forget, injuries “stabilize”)
Talk to adjusters alone (who twist statements)
Accept facility doctors’ opinions (often downplay harm)
Our Advantage: We partner with geriatricians and elder abuse experts who testify about true impact.
Injured Senior? We’ll Fight for the Maximum Payout
If your loved one was hurt in a fall at a:
Nursing home
Store
Private residence
Call Bojat Law Group at (818) 877-4878 immediately. As experienced premises liability lawyers, we:
✔ Advance all costs (medical experts, engineers)
✔ Only get paid if we win
✔ Have recovered $12M+ for elderly fall victims
Don’t let age discrimination slash your recovery—call now before evidence disappears.