If you have a pre-existing medical condition or prior injury, it's possible for that condition to make you more vulnerable to injuries caused through the negligence of another party. In this sort of case, you may be faced with the "eggshell plaintiff" doctrine, a rule that can have a significant impact on your personal injury settlement.
Understanding the Rule
According to the eggshell plaintiff doctrine (also known as "eggshell skull"), any party that causes an injury due to their negligence remains responsible for any and all injuries that result, even if the injured party has a pre-existing condition that leaves them more vulnerable to injuries than usual.
For example, if you broke your arm several years ago, it may not have the same strength it once did despite it healing properly. If an accident results in you breaking the same arm, the other party responsible for the accident is also 100-percent responsible for the injury you sustained. Even though it was unlikely that you would have suffered a broken arm had it not been previously broken, the defendant still remains liable for your injury.
In short, the eggshell plaintiff doctrine requires defendants to take their victims as they find them. This means that the defendant has no choice but to deal with the increased damages caused by harming someone who is injured more easily than the average person, even if the defendant couldn't foresee the extent of the harm caused.
Eggshell Plaintiff vs. Aggravation of Injury
A common tactic among defendants is to argue that whatever injuries the plaintiff received at the time of the injury-causing event were simply an aggravation of past injuries received prior to the event, as opposed to being all-new injuries. This is where the "aggravation of injury" theory comes into play. If it can be successfully argued that the incident merely aggravated previous injuries instead of causing new ones, the court may be inclined to award a much smaller settlement or even find in favor of the defendant.
However, if those prior injuries have completely healed by the time of the event that causes your new injuries, the court must abide by the eggshell plaintiff doctrine. As a result, the defendant must take the plaintiff as it finds that party and deal with the damages that come , including a larger settlement award to the plaintiff.
It's important to disclose any and all pre-existing injuries during your case, as any attempt to actively hide or omit any such information could have a severe negative impact on your settlement. In some cases, disclosing your previous injuries may actually result in an increased settlement amount due to the court taking the potential for increased injury into account.
What About Emotional Injuries?
Given that tort law is geared more towards dealing with physical injuries that can be easily proven in a court of law, determining the validity of emotional injuries and whether they should be considered in a personal injury case can be difficult. Determining whether pre-existing emotional injuries should play a role in a case involving an eggshell plaintiff may be even more difficult. Whether the courts consider your emotional state as an eggshell plaintiff depends on the type of emotional injury, the severity of that injury, its impact on any physical injuries you've sustained and applicable rulings and state statutes regarding emotional injuries.
Under most circumstances, being an eggshell plaintiff won't have any negative effects on your personal injury case or your chances of receiving fair compensation for your injuries and other damages. Nevertheless, it's always a good idea to consult with your personal injury attorney from a firm like Bennett & Sharp PLLC about any pre-existing conditions or injuries that could potentially influence the outcome of your case.
