An eggshell plaintiff is an injured party whose damages are higher than normal because of a pre-existing injury.
Under the eggshell plaintiff rule, the at-fault party is typically held responsible even if the plaintiff’s injuries are above and beyond what the average person would have suffered as a result of the same accident.
The Eggshell Doctrine Explained
Since an eggshell plaintiff’s damages are higher due to a prior injury, the main question in an eggshell plaintiff case is whether the at-fault party is liable for all of the injured party’s damages.
Under the eggshell doctrine, the at-fault party is liable for all damages that the plaintiff suffers, even if they are higher than the average person because of a pre-existing injury.
For example, a person who recently had a concussion suffers another concussion in a motorcycle accident. He now has more frequent and severe side effects because of his prior concussion.
As a result, he incurs higher expenses than the average person would to treat his symptoms. The fact that he may have been more likely to sustain a concussion because of his previous concussion is irrelevant; he may recover all his damages because he is an eggshell plaintiff.
What To Do If You Are an Eggshell Plaintiff
If you have suffered injuries from an accident and could be considered an eggshell plaintiff, you should contact a Georgia injury lawyer today. M
any people believe that their pre-existing condition prevents them from receiving compensation for their injuries.
This is not true. The fact that you are more susceptible to injury than someone without your condition does not prevent you from obtaining compensation.
The eggshell plaintiff rule is well-known in Georgia and accepted throughout the United States.
In Georgia, it is a good idea to have a doctor testify on your behalf.
The doctor can explain the type of medical care your pre-existing injury required both before and after the accident.
Are You an Eggshell Plaintiff?
If you have pre-existing conditions and were recently injured, you can still potentially pursue a personal injury lawsuit.
For feedback on your situation, schedule a free consultation with our office today.
At Pritchard Injury Firm, we honestly advise clients on the right legal move for their case.
If we file a suit, we will fight for you to receive the compensation that you deserve. Contact us today to schedule a free consultation.