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
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:
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.
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Frequently Asked Questions
After a personal injury, you're bound to have legal questions. The CEO Lawyer Ali Awad can provide you with answers to these questions, just as he's given answers to his millions of curious social media followers. Take a look at some of the most common personal injury law questions for general information, and then reach out to one of our seasoned attorneys for specific guidance on your case!
To quickly resolve matters following an accident, insurance companies will offer you less than you deserve in compensation for your injuries. Many victims feel pressured to accept these offers as the bills begin to pile up, but that is rarely a good idea. The insurance company is looking to protect its bottom line; and will offer injured victims less than they deserve. An experienced personal injury attorney understands how to negotiate with the insurance company and can look out for your best interests by getting you the compensation you deserve after an injury. If you or a loved one has been injured in an accident, it is important to avoid negotiating or providing recorded statements to the insurance company without first seeking help from a qualified personal injury attorney.
Do You Have a Personal Injury Case?
The best way to determine if you have a personal injury case is to speak with a knowledgeable attorney. Our legal professionals have the expertise to evaluate your case and determine a strong legal strategy so that you can obtain the greatest amount of compensation possible under the law. We will enlist investigators, assistants, and other specialists to collect accident reports, speak with witnesses to your accident, and put together a plan. While you focus on your physical recovery, we will remain committed to fighting for the compensation that you deserve.
Georgia's Personal Injury & Accident Firm
Accident victims have a limited time to file a personal injury lawsuit. This time period is referred to as the statute of limitations, and in Atlanta, it lasts only two years. This means that if you or a loved one has been injured in an accident, you have only two years to pursue a personal injury suit. If you wait too long to reach out to an experienced attorney, you might be forever barred from seeking the compensation you deserve.
What to Expect From Your Initial Consultation With a Personal Injury Attorney?
During your initial consultation with CEO Lawyer team, we will go over the important details of your personal injury accident, which include the nature and extent of your injuries, how your injuries have impacted your ability to earn a paycheck, the cost of your medical treatment, and whether further medical treatment will be required. We will answer any questions you might have, as well, in regards to our experience, our track record of success, and what to expect from the legal process.
Many personal injury victims wonder if they will be able to afford the legal fees required to pursue a lawsuit. CEO Lawyer injury and accident attorneys will not ask for any type of upfront fee unless we are successful in obtaining compensation for you. That means that if you have been harmed in a motor vehicle accident, slip and fall accident, defective product accident, or any other type of personal injury accident, you can absolutely afford to contact our law office today for assistance. In fact, you cannot afford to wait. Reach out today.
We understand that some accident victims might have already obtained the assistance of an attorney but may be dissatisfied with the services provided. We are standing by and prepared to help you change legal representation, regardless of where you are in the process.
Speak to an Experienced Personal Injury Attorney Today
If you or a loved one has been injured in any type of personal injury accident, you should not hesitate to speak with the experienced attorneys at CEO Lawyer personal injury law firm. Call, email, or fill out our online contact form today so that we can begin helping you pursue the compensation you deserve.