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.
Recent Post
- Can You Sue for Pain and Suffering in Georgia?
- Understanding the Legal Process: What to Do If Another Driver Sues You for a Car Accident in Georgia
- The Clock is Ticking: Time Limits for Filing a Lawsuit After a Car Accident in Georgia
- Can I Seek Legal Recourse for a Dog Bite Injury in Georgia?
- Loss of Earning Capacity is Not the Same as Loss of Income
- What To Do If Your Doctor Prescribes The Wrong Medication
- Kaufman Secures $975,035 Settlement for Client in Lyft Car Wreck Case
- Staying Safe as a Car Passenger
- Mistakes to Avoid After a Car Accident
- Attorney Kenneth Raley Secures $3.25
Million Settlement for Trucking Case