The Eggshell Plaintiff Rule indicates that the at-fault party in a car accident is responsible for all damages caused by their negligence, even if the victim had a pre-existing medical condition that aggravated their injuries. While it is possible to claim compensation even if you have a pre-existing injury before the crash, your condition can heavily affect the outcome of your case, especially with the settlement amount.
This article will help you understand the Eggshell Plaintiff Rule and how pre-existing injuries affect your car accident claim.
What Is a Pre-Medical Condition or Injury?
Any injury or medical condition that a person had before being in a car accident or other traumatic event is referred to as a pre-existing medical condition. These conditions can include past injuries from sports or accidents, persistent illnesses, and impairments, such as:
- Diabetes
- Cancer
- Heart disease
- Previous fractures
A pre-existing injury or condition complicates a car accident claim because it raises questions about how the crash caused or exacerbated the medical conditions already present. It is crucial to justify the cause of your injury or how it worsened due to the collision to file a car accident claim.
What Is the Eggshell Plaintiff Rule?
The Eggshell Plaintiff Rule, also referred to as the Eggshell Skull Doctrine or the Eggshell Plaintiff Theory, is a personal injury law principle that deals with circumstances in which a victim has a medical condition or vulnerability predisposes them to harm more than the ordinary person.
This rule states that even if the victim’s pre-existing injury or susceptibility significantly contributed to the severity of the injuries, the at-fault party is liable for the entire extent of the plaintiff’s damages.
The phrase “eggshell plaintiff” refers to a person who is compared to an easily broken eggshell to convey their unique fragility or vulnerability. In such a case, the liable party is nonetheless accountable for the losses brought about by their actions, even if the injuries are more severe than they would have been for a person without a pre-existing injury.
For example, you already have previous leg injuries. If you’re then in a car accident and sustain a significant leg injury, it might be presumed that your pre-existing medical condition contributed to the seriousness of the injury. Regardless, the at-fault driver of the car accident should be liable for the damages since the injury would not have been present or worsened if the accident had not happened.
Can I File a Claim for a Pre-Existing Injury?
You are NOT eligible for compensation for a pre-existing injury or condition unrelated to your recent auto accident. As such, you can only file a case if:
- Your injuries were caused immediately by the accident or
- Your pre-existing condition got worse due to the crash.
Note that the insurance company representing the liable driver may request access to your medical history to verify your injuries. They could use your pre-existing condition as grounds to minimize the compensation you’re entitled to receive.
What Happens If the Car Accident Aggravates My Pre-Existing Injury?
Generally, a victim may file a car accident claim if their injuries result from a collision caused by another driver. In such a case, they should demonstrate that the other party’s negligence played a role in the crash by proving:
- The driver was responsible for ensuring everyone’s safety.
- They failed to fulfill this duty.
- The breach of duty resulted in a car accident.
- The crash caused injuries and other damages.
While you can receive compensation for the damages caused by the collision, what happens if the victim had a pre-existing injury before the accident?
If a car accident aggravates your pre-existing injury or condition, the liable party must cover the damage expenses associated with the crash. Remember that the Eggshell Plaintiff Rule says that at-fault parties should cover the damages regardless of whether the victim had a pre-existing injury and it gets worse from the collision.
How Do I Prove That the Car Accident Worsened My Injury?
While it may be challenging to win a car accident claim if you have a pre-existing condition before the crash, there are steps to help you prove that your injury results from or is worsened by the collision:
- Obtain and provide medical records. These records should clearly show the extent of your injuries before and after the accident.
- Seek the advice of medical professionals who can review your medical records and provide professional comments on how the accident exacerbated your pre-existing ailment.
- Include documentation of any extra medical care you got following the accident that explicitly addressed the worsening of your pre-existing condition.
- If applicable, share photographs or other visual documentation showing the evolution or worsening of your injuries after the accident.
- Tell your personal injury lawyer about any previous injuries you’ve suffered, even if they look unrelated to your prior injuries.
- Always consult your lawyer before revealing any information.
How Do Pre-Existing Medical Conditions Affect Car Accident Claims?
Pre-existing medical issues can significantly impact auto accident claims and the amount of money you are awarded for injuries sustained in the collision.
Cause of Injuries
Determining a direct connection between the accident and the worsening of the pre-existing condition might be challenging. Insurance companies might claim that the accident did not cause the injuries. Instead, they already exist and are entirely unrelated to the collision.
Suppose you had a minor arm injury, and a collision led to shoulder injuries. Although the shoulder damage stemmed from the accident, the insurance company might assert that it existed before the car accident, similar to your arm injury, mainly if there is insufficient documentation demonstrating what caused it.
This is why you must have documentation to indicate that your injuries result from the crash rather than being present before the incident. If your pre-existing injuries worsened due to the collision, documentation may also support your claim to receive compensation.
Total Damages
Insurers may try to reduce the compensation by attributing some damages to a pre-existing condition rather than the accident itself.
In such cases, assessing the overall damages can pose challenges. Insurers may examine medical records more closely to establish the severity of the pre-existing ailment and its relationship to the accident. They may want detailed paperwork and medical evidence.
Sometimes, they can even ask you to sign a medical blanket release to check your medical history. Under any circumstances, do not sign a medical blanket release, as they will go over every aspect of your health records to lower your settlement. Additionally, giving them access to your medical information will breach your privacy.
Outcome of the Case
Insurance companies can use pre-existing conditions to lower a claim’s value or deny liability entirely. They may argue that your injuries were pre-existing and unrelated to the collision, which could lead to a case dismissal.
This is why collecting detailed medical documents describing how the accident affected the pre-existing condition is critical. The best lawyers in California will also advise you to get adequate medical attention to determine the cause of your injury. They can evaluate the entire damage based on the diagnosis and other data and negotiate for maximum compensation.
How Can a California Car Accident Lawyer Help Me?
Having pre-existing medical conditions can present challenges when determining injury causation, tracking medical expenses, and assessing future care needs. Insurance companies may also push back by attributing injuries to pre-existing conditions to minimize compensation.
Fortunately, a California car accident lawyer can assist in proving the impact of pre-existing medical conditions in a car accident by compiling extensive medical documentation and data illustrating the severity of the condition before the incident. They can work with medical experts to create a thorough medical history timeline that highlights any exacerbation of pre-existing ailments or injuries brought on by the accident.
They can also take the following steps to enhance the chances of a favorable claim outcome:
- Gather evidence to prove the case.
- Determine the liability of the responsible party.
- Evaluate the complete scope of damages.
- Communicate with the insurance company.
- Commence legal action if necessary circumstances arise.
Jacoby & Meyers: The Best Car Accident Lawyers in California
At Jacoby & Meyers, our unwavering commitment to aiding accident victims in attaining the justice they merit remains resolute. We are dedicated to giving back to our communities by facilitating access to crucial medical care for those affected by accidents.
Our legal team has streamlined an effective process to ensure you are fully informed about your legal entitlements and receive the justice you deserve. Our dedicated team of legal experts delivers exceptional service by:
- Maintaining transparent and open lines of communication throughout every stage of your case.
- Expertly negotiating with insurance companies to secure fair and just compensation on your behalf.
- Assisting in arranging appropriate medical treatments as recommended by your healthcare provider.
- Providing support for any additional concerns related to your accident to alleviate your worries.
- Protecting your legal rights by establishing liability, assessing the extent of damages, and vigorously advocating for your claim.
We offer a complimentary consultation where you can receive legal counsel from the best lawyers in California. To explore your legal avenues, reach out to us at 800-500-0000.
Jacoby & Meyers. Because Everyone Deserves Justice.
Hear From Our Past Clients
Although many other law firms make similar claims, we can offer our clients solid legal support. Thus, we encourage our former clients to talk about their satisfying experiences using our legal services.
“I would like to thank Jacoby & Meyers for choosing Nathalia Cedano as my case manager. She did a fantastic job helping me mentally through the trauma I’ve had this past year. She informed me well, and the communication was perfect. 10/10 I highly recommend having Nathalia Cedano as part of your case team. She will not disappoint. Thank you, Jacoby and Meyers.”
– D’Mani H.
Frequently Asked Questions
Do you have further questions regardingcar accident claims? We got you! Here are some frequently asked questions from injured auto accident victims that may help explain some aspects of your case.
- What is the Average Settlement for a Car Accident?
- What Happens if the At-Fault Party Doesn’t Have Car Insurance?
- What is the Average Compensation for Paraplegia or Spinal Cord Injury from a Car Accident in California?
- How To Document Witness Testimonies for Car Accidents in California
Works Cited
“eggshell skull rule | Wex | US Law | LII / Legal Information Institute.” Law.Cornell.Edu, https://www.law.cornell.edu/wex/eggshell_skull_rule. Accessed 9 April 2024.
“Pre Existing Condition: How They Affect Your Health Insurance.” Investopedia, https://www.investopedia.com/terms/p/preexisting_condition.asp. Accessed 9 April 2024.
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