Imagine you have a pre-existing condition, like chronic back pain, and then you’re involved in a car accident that makes it significantly worse. The insurance company insists your suffering isn’t due to the crash but instead to a preexisting injury and offers little to no compensation. This is where the Eggshell Plaintiff Rule protects you.
The Eggshell Plaintiff Rule is a fundamental principle in personal injury law that ensures accident victims receive fair compensation, even if they had a pre-existing medical condition before the incident. This rule holds that a negligent party is responsible for all injuries caused by an accident, even if the victim is more vulnerable than the average person. Insurance adjusters often try to reduce or deny claims despite this legal protection, arguing that the injury would have happened anyway.
If you or a loved one suffered aggravated injuries in an accident, this law and Farahi Law Firm protects you. Our award-winning legal team ensures that victims are not taken advantage of by insurance companies trying to avoid liability.
What Does the Eggshell Plaintiff Rule Mean in Personal Injury Cases?
The Eggshell Plaintiff Rule ensures that accident victims can claim full compensation, even if they had a pre-existing condition before the accident.
Under this rule, the fault party must treat the injured person as they are. This means that even if the victim was already dealing with a medical condition, the at-fault driver or negligent party is still fully liable for the new or worsened injuries. Insurance claims cannot be dismissed simply because the victim is more susceptible to harm.
Consider a San Pedro resident with mild arthritis who gets hit by a reckless driver. Before the accident, they could walk comfortably, but after the crash, their condition worsened to the point that they needed surgery. The Eggshell Plaintiff Rule holds that the at-fault driver must cover all medical expenses related to the aggravated injury.
But despite this, insurance companies may argue your previous conditions exclude you from getting any compensation. In this case, victims must act quickly to preserve their legal rights. Farahi Law Firm fights for maximum compensation and ensures that insurance adjusters do not unfairly minimize claims.
Common Pre-Existing Conditions Affected by Accidents
Many accident victims suffer from pre-existing conditions that are significantly aggravated by an accident, making recovery more prolonged and more painful. The Eggshell Plaintiff Rule ensures that these victims still have the right to fair compensation for their worsened conditions.
Victims with back injuries, arthritis, and spinal conditions are among those most commonly affected in personal injury claims. For example, a driver with mild neck pain might sustain a severe herniated disc in a rear-end car accident, requiring months of physical therapy and possible surgery. Similarly, a pedestrian suffering from early-stage arthritis might be hit by a negligent driver, making walking unbearable and requiring knee replacement surgery.
The Eggshell Plaintiff Rule also applies to traumatic brain injury (TBI) victims. If someone with a prior concussion or mild head injury suffers another motorcycle accident, the risk of long-term brain damage increases significantly. Insurance adjusters often try to minimize these cases without legal representation, arguing that the new injuries are unrelated.
How Insurance Companies Try to Deny Accident Claims for Pre-Existing Injuries
Insurance companies use various tactics to deny or devalue claims involving pre-existing conditions, making it critical for accident victims to have strong legal representation.
While the Eggshell Plaintiff Rule protects injured victims, insurance adjusters frequently argue:
- The injuries existed before the accident, so the accident did not cause any harm.
- The victim failed to disclose a preexisting condition, making the claim invalid.
- The medical records do not provide sufficient evidence that the accident worsened the injury.
Without a personal injury attorney in Bakersfield, these victims may lose their right to fair compensation. Farahi Law Firm fights against insurance company tactics and ensures that victims with pre-existing medical conditions receive the maximum compensation they deserve.
An Accident Aggravated a Pre-Existing Condition Settlement: What Compensation Can You Get?
Victims with pre-existing conditions often get this condition worse after an accident, leading to higher medical expenses and longer recovery times. The Eggshell Plaintiff Rule ensures that they are entitled to fair compensation for the full extent of their aggravated injuries.
Compensation for an accident claim involving a pre-existing medical condition may include:
- Medical costs (including future treatments)
- Physical therapy and rehabilitation expenses
- Lost wages and reduced earning capacity
- Pain and due to aggravated injuries
- Emotional distress and diminished quality of life
For example, a pedestrian with mild arthritis who was hit by a reckless driver now suffers chronic physical pain and mobility issues, preventing them from returning to work. Victims are entitled to maximum compensation for their aggravated injuries in this case.
Why You Need a Personal Injury Attorney in Bakersfield for Your Eggshell Plaintiff Claim
Victims with pre-existing injuries face an uphill battle when filing personal injury claims. Insurance companies often refuse to cover aggravated injuries, leaving victims without the support they need.
- A personal injury attorney in Bakersfield, like Farahi Law Firm, ensures that insurance companies do not use pre-existing conditions as an excuse to deny compensation.
- We gather medical records, accident reports, and expert testimony to prove how the accident worsened the injury.
- Legal representation guarantees that victims receive full compensation instead of accepting lowball settlement offers.
Protect Your Rights as an Eggshell Plaintiff
If an accident aggravates a pre-existing condition, you have the right to full compensation under the Eggshell Plaintiff Rule. However, insurance companies often try to deny claims by arguing that victims were already injured before the accident.
The law is clear—pre-existing conditions do not exempt negligent parties from liability. Victims can recover damages for medical expenses, lost wages, pain and suffering, and reduced quality of life.
If you or a loved one has suffered worsened injuries due to an accident, it’s essential to act quickly. Farahi Law Firm’s award-winning personal injury lawyers ensure that insurance adjusters do not minimize your case or offer unfair settlements. With strong legal representation, you can secure the maximum compensation you deserve.
Contact us today for a Free consultation.
