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Eggshell Plaintiff
What is Eggshell Plaintiff?
Pre-existing conditions, or injuries or illnesses that existed before an event, affect millions of Americans. Back pain, prior brain injuries, and chronic illnesses such as diabetes and cardiovascular disease are common pre-existing conditions. Your injury or illness could complicate your ability to recover compensation if you have a pre-existing condition and are injured in an accident. An injury lawsuit can be challenging during these moments, which is why it is essential to speak with an injury lawyer.
You Can Only Recover for Accident-Related Damages
When injured in an accident, California residents may file a lawsuit. If you were injured in a car accident, slipped on someone's property, or even if an animal attacked you, you may be able to file a claim for compensation. If you sue, you may receive compensation for the following economic and non-economic losses that you have suffered: past and future medical expenses, lost wages, lost earnings and benefits, property damage, disability accommodations, chronic pain, emotional distress, depression and anxiety, and loss of quality of life.
The ability to recover damages is complicated by pre-existing conditions. There are only certain losses you can collect compensation for, not your pre-existing conditions. Compensation can be obtained if your injuries or illnesses were aggravated by the accident.
Calculating your potential settlement can be difficult due to this factor. In determining whether a loss was caused by the accident or resulted from your preexisting condition, you will have to carefully evaluate the circumstances. If you need assistance calculating your settlement and gathering evidence to support your claim, speak with a California personal injury lawyer.
The Eggshell Skull Rule
A common defense argument is that the defendant is not liable for the accident because of a pre-existing condition. It may be argued that you would not have suffered the injuries that you did if you were in a healthier state prior to the accident. This type of defense, however, is prohibited in California.
According to a legal doctrine known as the eggshell skull rule, defendants are liable for the full extent of plaintiffs' damages, regardless of preexisting conditions. A driver at fault for a car accident involving a person whose skull is as fragile as an eggshell would still be liable for injuries caused by the collision.
It is important to have an attorney by your side if the defense attorney uses this tactic. The eggshell plaintiff rule can be used by your attorney to defend you against these accusations.
What to Do After an Accident in California
Stay calm in the event of an accident and call for help. Call 911 and let law enforcement know what happened. Take photos, interview witnesses, and gather physical evidence if you are able to at the scene.
As soon as possible, you should seek medical care. It will help you establish if your pre-existing condition has been aggravated by the accident, which will help you exercise your right to compensation. Contact a California personal injury lawyer once you have received medical attention to discuss your case.