In part one of this two-part blog series, we went over some of the basics on personal injury, pre-existing medical conditions and the Eggshell Plaintiff Rule. This rule essentially states that in cases where an injured party in a liability case had a pre-existing condition that may have made the incident worse, the party responsible for the injury is liable for the full extent of the injury regardless.
At the offices of William Rawlings & Associates, we’ve provided our personal injury attorney services to numerous clients with pre-existing conditions looking to receive compensation despite insurance companies’ efforts to deny them based on such conditions. In today’s part two, we’ll go over a basic example of the Eggshell Plaintiff Rule at play, plus how you’ll want to proceed in such cases and some of the pre-existing conditions that may play a role in such cases.
As a simple example of the Eggshell Plaintiff Rule, imagine you’re in a vehicle accident caused by your own negligence because you were writing a message on your cell phone. The accident is a small one, with only light vehicle damage that likely won’t cost a ton in a simple settlement.
However, the victim in this case happened to have a pre-existing back condition, one that was exacerbated significantly by the accident’s force. In this case, the Eggshell Plaintiff Rule states that you as a defendant must take the victim as they are found – the victim will have a right to damages for all exacerbation or worsening of their condition due to the accident, even if such costs are far higher than the accident would have cost normally.
If you’re on the flip side of the above equation and have been injured due to someone else’s negligence in an incident that worsened a pre-existing condition, it’s vital to take the proper steps, which our attorneys will assist you with. Here are some basics:
Here are just some of the pre-existing conditions insurance companies may try to use to deny a personal injury claim:
For more on pre-existing conditions and the Eggshell Plaintiff Rule, or to learn about any of our car accident attorney or other personal injury attorney services, speak to the staff at the offices of William Rawlings & Associates today.