Eggshell Plaintiff: Legal Definition

An eggshell plaintiff is an accident victim who was more susceptible to suffering injuries than most people. Despite having a condition that makes them more likely to suffer injuries, the liable party is still responsible for their full range of accident-related injuries. Attorneys most commonly use this common law argument in accident cases where the injuries seem much more serious than you would expect in a relatively minor incident.

Understanding Eggshell Plaintiffs

When a plaintiff suffers a medical, physical, or mental condition that makes them more susceptible to injuries than others would be in the same accident, there is a common law rule in place that allows these victims, called eggshell plaintiffs, to recover compensation for their full range of injuries.

For example, imagine a child in a car accident who suffers from osteogenesis imperfecta. This makes it easy for the child to break bones. Their left femur breaks in the minor rear-end collision. The at-fault driver is liable for the broken leg, even though this injury would likely not occur if the child did not have the condition.

Talk to a Pittsburgh Personal Injury Attorney About Your Case

If you suffered injuries in a Pennsylvania personal injury accident but have a pre-existing condition that may have contributed to your damages, it is important to discuss this unique aspect of your case with an attorney as early in the process as possible. Depending on the circumstances of your case, you should still be able to pursue compensation for your full range of injuries.

Other Names for the Eggshell Plaintiff Rule

Some jurisdictions, attorneys, and judges refer to the eggshell plaintiff rule in a different way when it comes up in a personal injury lawsuit or another type of civil case. The same rules still apply, no matter what they call the rule. Alternate names may include:

• Eggshell skull rule
• Special sensitivity rule
• Old soldier’s rule
• Other variations depending on local custom

Berger and Green Can Help You Pursue Compensation in Your Personal Injury Lawsuit No Matter Your Previous Health Concerns or Susceptibility

If you or a loved one suffers from a condition that could have made your accident injuries worse or that was made worse by your accident, it is imperative that you work with a personal injury accident attorney who knows how to navigate a case using the eggshell plaintiff rule. How your legal team approaches your pre-existing condition could affect how much compensation you are eligible for during settlement negotiations or in court.

With Berger and Green on your side, you can feel confident we will explore how the accident exacerbated your pre-existing condition and caused you to suffer more serious injuries than others might have in a similar accident. We will call on medical expert witnesses and present relevant medical records to prove our case on your behalf.

Call Berger and Green about your Pittsburgh accident case today at 412-661-1400. We offer free case reviews and consultations.