If you have a pre-existing medical condition or are more prone to injury than the average person, you may wonder how that affects your ability to recover damages after a car accident. Under California law, the Eggshell Plaintiff Rule provides protection in exactly this type of situation.
At the Law Offices of Brent W. Caldwell, we regularly represent clients whose injuries were made worse due to existing health conditions. The insurance company may try to downplay your claim, but the law is clear: you are entitled to full compensation for all injuries caused by the accident, even if your condition made those injuries more severe.
What Is the Eggshell Plaintiff Rule?
The Eggshell Plaintiff Rule is a legal principle that says a person who causes an injury is fully responsible for all resulting harm, even if the injured person was more fragile or had a pre-existing condition that made the injuries worse than expected. The idea is simple: you take the victim as you find them.
In other words, a negligent driver cannot avoid liability just because your body responded more severely to the accident than someone else’s might have.
How the Rule Applies in California
California courts recognize the Eggshell Plaintiff Rule and apply it in personal injury cases, including car accidents, pedestrian injuries, bicycle crashes, and more. If a person has a condition like osteoporosis, a prior back injury, or a neurological disorder, and that condition makes a new injury worse, the at-fault party is still responsible for the full extent of the harm.
Insurance companies often argue that certain injuries were not caused by the crash but by pre-existing issues. This is where experienced legal representation becomes important. Medical records, expert opinions, and clear documentation can help show how the accident worsened your condition even if you were already dealing with health issues.
Common Examples of Eggshell Plaintiffs
Some common scenarios where the Eggshell Plaintiff Rule might apply include:
- A person with a history of back pain suffers a serious spinal injury in a rear-end collision.
- An elderly pedestrian with brittle bones sustains multiple fractures in a crosswalk accident.
- A person with anxiety or PTSD experiences a major psychological setback after a traumatic crash.
In each case, the defendant is still liable for all resulting damages, even if another person might not have been hurt as badly under the same circumstances.
What This Means for Your Injury Claim
If you had a pre-existing condition, the insurance company might try to use that against you to minimize your claim. The Eggshell Plaintiff Rule ensures that you are not penalized for being more vulnerable. You still have the right to recover compensation for:
- Medical bills
- Lost wages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Your health history does not reduce the other party’s responsibility for the harm they caused.
Talk to a California Personal Injury Lawyer
If you have been injured and have a history of medical issues, you need a law firm that understands how to apply the Eggshell Plaintiff Rule in your case. At the Law Offices of Brent W. Caldwell, we work to ensure our clients are not taken advantage of by insurance companies that try to blame everything on pre-existing conditions.
Contact us today for a free consultation. We handle personal injury cases throughout California and do not charge any legal fees unless we recover money for you.
