Free Consultation
No upfront costs, no hidden fees

The Eggshell Plaintiff Rule and Car Accident Claims

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.

At Kaufman Law, P.C., we are passionate about protecting the rights of injured individuals. If you were recently injured in a negligence-related accident, turn to our reputable attorneys for the support you need during this difficult time. Our Atlanta personal injury attorneys work diligently to secure maximum compensation so that our clients can move on with their lives without experiencing financial strain as a result of their injuries. Should you decide to be represented by our firm, you can feel peace of mind in knowing you have enlisted the services of a reputable and caring law firm.


  • Bilingual legal services
  • Around-the-clock availability
  • Hospital and home visits
  • Free consultations
  • No legal fees unless we win your case