Jan 10 2020

Eggshell Plaintiff Rule and Pre-Existing Conditions, Part 2

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.

eggshell plaintiff pre-existing conditions

Eggshell Plaintiff Example

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.

How to Proceed

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:

  • Seek immediate medical attention, during which you fully disclose all pre-existing conditions and ask the doctor to compare past medical records and tests with current ones for an objective picture of how the accident worsened your condition.
  • Do not lie about or exaggerate your pre-existing condition in any way, as insurance companies will research it.
  • Consult with your attorney about the proper argument that the incident weakened your pre-existing condition and made you more susceptible to larger and newer injuries.

Examples of Pre-Existing Conditions

Here are just some of the pre-existing conditions insurance companies may try to use to deny a personal injury claim:

  • Heart conditions
  • Major degenerative disc disease
  • Osteoporosis or osteoarthritis
  • High blood pressure
  • Asthma
  • Depression
  • Type 2 diabetes
  • Complications from various recent or historical medical treatments

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.