The Eggshell Plaintiff Rule and Car Accident Claims
Car crashes can derail the life of any victim, no matter their physical state before the accident. Injuries may lead to devastating physical, financial, and emotional injuries. If you have hemophilia, or some other physical condition that may make you more susceptible to injury, a car accident can make even worse consequences for you. It is important to understand that the party responsible for the crash is still liable for your losses, despite your physical condition at the time of the crash. This is known as the “eggshell plaintiff” or “thin skull” rule.
What Is The Eggshell Plaintiff Rule?
- The principle behind the rule is that the same accident can affect different people in different ways.
- The physical state of the victim at the time of the accident is not relevant.
- The party responsible for the accident is responsible for the victim’s injuries, even if the victim’s health status meant that he or she suffered a more serious injury than the average person would have under similar circumstances.
- The rule is generally that “a defendant must take a plaintiff as he finds him.” This includes any unique susceptibility for injuries.
- The only exception to this rule is that the defendant is not responsible for injuries that would have occurred even if the car accident had never happened.
Insurance companies will often press to find pre-existing injuries after a crash, but it is crucial to know your rights under the eggshell plaintiff rule. Kaufman Law can help you deal with insurance companies after a crash, as well as protect your legal rights to potential compensation.
- Georgia Workplace Injury Laws: What is Considered Catastrophic?
- (no title)
- How You Can Avoid a Dog Bite This Holiday Season
- Dressing to Stay Warm and Sade on Your Motorcycle This Winter
- What Is a Class Action Lawsuit?
- What Happens When You Get Your First Speeding Ticket?
- How Do Points on Your License Work in Georgia?
- What Is a No Zone in Driving?
- Treatment After a Dog Bite Injury
- 4 Reasons Dogs Typically Attack