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The Eggshell Plaintiff Rule and Car Accident Claims

Car crashes can derail the life of any victim, no matter what 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, however, the car accident can have even worse consequences. 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.

5 Tips About the Eggshell Plaintiff Rule

What is the eggshell plaintiff rule? The following is an overview:

  • 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. We can help youdeal with insurance companies after a crash as well as protect your legal rights to compensation.