Human bodies are inherently fragile, and some individuals, often referred to as “eggshell plaintiffs,” may be especially susceptible to injuries. The term refers to those who possess pre-existing medical conditions or unique characteristics that render them less resilient than the average person. In the event of an accident, such individuals can suffer disproportionately severe harm and financial damages. The legal system acknowledges these vulnerabilities through the “eggshell skull” rule, which holds defendants accountable for the full extent of the damages suffered by these plaintiffs.

At Etemi Law, we understand that terminology like “eggshell plaintiff” can seem insensitive to those who have suffered injuries. Nevertheless, it is crucial to grasp what this concept entails, as it can significantly impact your legal case. You may be entitled to a larger settlement due to your specific circumstances, or the defendant may face greater liability for their actions.

What is an Eggshell Plaintiff?

The term “eggshell plaintiff” refers to an individual with additional health issues or vulnerabilities that exacerbate the severity of damages in a personal injury case. The principle asserts that defendants must take plaintiffs as they are, meaning they are responsible for all damages incurred, not just those that would affect an average person. Historically, the term draws a comparison between a fragile eggshell and a normal skull, illustrating that if a person with a particularly fragile condition suffers injuries, the responsible party must compensate for those injuries, regardless of the plaintiff’s pre-existing vulnerabilities.

How is the Eggshell Skull Rule Applied?

Under the eggshell skull rule, defendants are required to accept plaintiffs “as they are.” This means that if a plaintiff has a pre-existing condition that makes them more susceptible to injury, the defendant cannot argue that the damages were solely due to the plaintiff’s condition. For instance, if an individual with a bone disease is involved in a minor rear-end collision and suffers a broken leg, the defendant must cover the medical expenses and damages associated with that injury, even if the bone condition contributed to the severity of the break.

Pre-Existing Conditions and the Eggshell Plaintiff Rule

The eggshell skull rule applies not only to individuals who are more likely to be injured but also to those with pre-existing medical conditions. For example, consider a scenario where someone has undergone neck surgery just days before being involved in a car accident. If the accident exacerbates the condition resulting from the surgery, the at-fault party is liable for the additional damages caused by the accident. They are responsible for restoring the plaintiff to their pre-accident condition, which may involve extensive medical treatment.

Proving Additional Damages After an Accident

Determining the additional damages resulting from an accident can be complex. It often requires the assistance of medical experts who can testify about the plaintiff’s health status before and after the accident. In Connecticut, experts can provide valuable insights into the level of care that the injured party would have needed regardless of the accident and the extent to which the accident worsened their condition. The critical question is: How much did the accident exacerbate the existing condition? This difference is what the defendant is obligated to compensate.

Insurance companies often attempt to minimize claims by arguing that the injured party would have needed medical care regardless of the accident. While this can be true, establishing the additional damages is pivotal for a successful case.

Involved in an Accident with a Pre-Existing Condition? Get Your Full Award with Etemi Law.

If you have been involved in an accident and have a pre-existing condition, you deserve to receive the full compensation you are entitled to. At Etemi Law, we can connect you with the medical experts necessary to substantiate your case. Our team is dedicated to gathering and presenting compelling evidence that illustrates how your accident has impacted your life, irrespective of your pre-existing conditions.

Don’t underestimate your rights due to a pre-existing condition. Contact Etemi Law today for a FREE consultation. Call us at (203) 409-8424, or fill out our online form now. Let us help you navigate your legal journey and ensure you receive the compensation you deserve.