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Just because you were injured or had a condition before an accident does not mean you cannot recover from injuries after the accident. In fact, you are more susceptible to injury. The eggshell plaintiff rule allows you to get a personal injury claim with a pre-existing condition.
What does an eggshell plaintiff have to do with a pre-existing condition?
The name “eggshell plaintiff” is also called the “eggshell skull,” “thin skull,” or “special sensitivity plaintiff.” The eggshell plaintiff legal theory states that the person at fault for an accident (the defendant) takes the victim as the victim is found. What does this mean?
A plaintiff is a victim or person who is injured in an accident. Eggshell plaintiff comes from the idea that even if a victim has a sensitive skull like a delicate eggshell, the defendant still is responsible for injuries that they cause. Therefore, the defendant is liable for the victim’s damages even if they did not intend to injure that person, such as in a car accident. Further, it does not matter that the defendant does not know about the victim’s pre-existing condition. In discussing eggshell plaintiff situations, early legal cases concluded that a defendant “takes the victim as he finds him.”
Taking the Victim as They are Found
Everyone becomes the person they are because of all the things that have happened in their lives. Everyone has a medical, emotional, and physical history. For some, their background may be fairly clean and uneventful. Others come with a complicated and difficult medical history. Sometimes, but not always, younger victims have a cleaner medical history while older victims come with declining health.
Examples of pre-existing conditions that can become aggravated by an accident include:
- Arthritis which weakens the bones
- Back injury
- Neck strain
- Degenerative conditions
- Broken bones
- Chronic pain
- Pulled muscle
- Torn ligaments
- Brain injury
- Skin sensitivity
- Hemophilia
- Conditions at birth
Purpose of the Eggshell Plaintiff Doctrine
The purpose of the eggshell rule is to ensure that an accident victim’s personal injury claim with a pre-existing condition is possible. The eggshell rule does not provide a defendant with an excuse to escape liability or punish a victim for having health issues before an accident.
Knowledge of the Pre-Existing Condition
In defending their client, attorneys for a defendant may point to the pre-existing condition as a reason why a victim should not recover. Therefore, a victim often has the responsibility to show which injuries resulted from the accident and that the injuries or pain are not simply a continuation of previous treatment.
A victim does not need to know about the pre-existing condition to recover. Sometimes, a pre-existing condition is discovered while treating the injuries from the accident. For example, someone might have experienced generalized lower back discomfort and attributed it to a muscle strain. After an accident, the pain may become intolerable because it was discovered that the victim has spinal stenosis, narrowing of the space around the spinal cord. Here, a judge would consider the entire medical history, including the fact that there was a pre-existing condition and little pain before the accident.
Proof of the Pre-Existing Condition and Subsequent Injury
As you can imagine, eggshell plaintiff cases can be complicated because of pre-existing injuries. Showing that the previous condition was exacerbated by the accident is critical to the case. An experienced personal injury attorney can gather the necessary information to establish your health condition before the accident and how it worsened after the accident. This proof can be established by showing the following, including before and after comparisons when available:
- Medical records
- MRIs
- X-rays
- Medical experts
- Physicians (including primary care and treating physicians)
- Testimony of friends and family on how injuries affect your personal life before and after an accident
Recovery for an Eggshell Plaintiff for Pre-Existing Conditions in Atlanta, Georgia
What the eggshell plaintiff theory means is that a defendant who caused the injury to another person is responsible for the victims:
- New injuries AND
- Worsening of any pre-existing or prior health conditions that the victim was suffering from before the injury
You are entitled to a personal injury claim with a pre-existing condition because of the accident. Injuries can be more severe and require even more medical care than would have been needed if the accident did not occur.
Do Not Allow Your Pre-Existing Medical Condition to be Overlooked in an Accident!
We understand that your pre-existing medical concerns are real and additional injuries from an accident create painful and difficult challenges. Remember that a pre-existing condition does not prevent recovery! Work with an Atlanta personal injury and accident attorney from the CEO Lawyer Personal Injury Law Firm who understands the nature of pre-existing injuries that can worsen after an accident. Call the legal team at CEO Lawyer.