Sometimes personal injury cases can be tricky. There are many variables that determine the outcome of any given personal injury case in court. One of them is the “Eggshell Plaintiff” rule. You may wondering what that could possibly even mean. Kajioka & Associates Attorneys at Law is here to explain what victims fall under the eggshell plaintiff rule and why.
Pre-Existing Conditions & Eggshell Plaintiffs
When speaking of an eggshell plaintiff, you are referring to someone that has a pre-existing condition. When you have an issue from the past it makes you like an eggshell and you are more prone to getting injured or broken. For instance, if you broke your leg as a child, the bone was set and healed the best that it could. It is not, however, as strong as the leg of somebody that has never broken their leg before. In an accident, that leg might get broken again where it probably wouldn’t have if it hadn’t been broken before, but the bone is weaker and more susceptible to injury. When dealing with an eggshell plaintiff, you can plan on compensation for the following:
• Medical Bills
• Pain & Suffering
• Lost Wages
• Any Other Injuries Pertaining to the Accident
Defendants are Liable for Injury Sustained by an Eggshell Plaintiff
Even though somebody else that doesn’t have your pre-existing condition would most likely not have been injured in the accident you were involved in, the defendant is liable for all of the injuries sustained. The eggshell plaintiff doctrine is put in place to make sure that the liable party is held responsible so that the plaintiff has full opportunity to completely heal from their injuries. Many people with pre-existing conditions take great caution to avoid getting injured and know that they are susceptible to such injuries. When someone injures them out of carelessness, this law holds them responsible for that carelessness.
Experts are Required in Court
So that people don’t just walk around claiming to have a pre-existing condition and get compensated for that, you have to be able to prove the pre-existing condition in court. This usually requires help from an expert to do so. This is all part of the checks and balances of the court system.
Insurance Companies Can Complicate Personal Injury Cases
When you find yourself dealing with an insurance company after an accident, don’t expect them to shell out money just because you have a pre-existing condition. Even if you can submit paperwork proving it, you will likely need to file a lawsuit against them. This will require a skilled personal injury attorney that knows how to fight these types of cases. Insurance companies will usually flat out deny any compensation without going to court to fight it.
Criminal Defense, Personal Injury, Business Attorneys & More in Greater Las Vegas, Nevada
If you fall under the Eggshell Plaintiff rule, you will need help fighting it. The skilled attorneys at Kajioka & Associates Attorneys at Law are here to help you get the compensation you deserve. You can trust our experience and skill when dealing with personal injury cases. Call us today!
