What Is An “Eggshell” Plaintiff In Personal Law?
The Basics: What Does “Eggshell Plaintiff” Mean?
In personal injury law, an “eggshell plaintiff” is someone who gets hurt more severely than most people would because they were already vulnerable, due to a pre-existing condition which they had before the accident. The law says the person who caused the injury is still fully responsible for all the harm, even if it’s worse because of the victim’s unique situation. In other words, you’re accountable for the person you injure, no matter how fragile they are. For instance, if a minor fender-bender leaves someone with serious injuries because they had a pre-existing condition like weak bones, the driver who caused the crash is still responsible for the full extent of the damage.
Origin Of The Term: Why Is The Term “Eggshell” Used?
The term comes from a classic example used in law school: imagine someone with a skull so thin it’s like an eggshell. If you lightly tap their head and it causes a significant injury, you’re still fully responsible. The fact that they were unusually fragile doesn’t reduce your liability.
Legal Foundation Of The Doctrine
This rule is part of tort law, which covers wrongs like injuries, and it’s widely accepted across the United States. It’s based on the idea that if you cause harm, you’re responsible for all the consequences, even the ones you couldn’t have predicted. Courts typically tell juries to award full compensation, regardless of the victim’s health history.
Real-World Examples of Eggshell Plaintiffs
- Pre-Existing Back Injury
A minor car accident causes a serious back injury, like a herniated disc, in someone with a history of spinal problems. Even if a healthier person had not been hurt badly, the driver who caused the crash is still responsible for the full extent of the injury. - Osteoporosis Or Fragile Bones
An older person with brittle bones falls because of a poorly maintained sidewalk and breaks multiple bones. The property owner is still fully liable, even though the person’s bones were fragile to begin with. - Psychological Conditions
If someone with a history of mental health issues suffers emotional trauma from an accident and develops PTSD, the person who caused the accident is still responsible for the harm.
Eggshell Plaintiff vs. Crumbling Skull Doctrine
Don’t confuse the eggshell plaintiff rule with the “crumbling skull” doctrine. The crumbling skull rule applies when someone’s condition would have gotten worse anyway, even without the accident. In such cases, compensation may be reduced because some of the harm was unavoidable. With the eggshell rule, the person who caused the injury is still responsible for all the damage.
How Can This Doctrine Affect Compensation?
The eggshell rule can result in larger payouts for individuals who have been injured. Insurance companies, through their lawyers, often try to argue that the victim’s prior health issues are to blame, but courts stick to the principle that the person who caused the injury has to pay for all the harm done.
Common Defenses And Misconceptions
- “They Were Already Sick”
This argument doesn’t hold up in court. The eggshell rule says you can’t dodge responsibility by pointing to the victim’s health problems. - “I Didn’t Know They’d Get Hurt That Bad”
It doesn’t matter if you couldn’t foresee how severe the injury would be. You’re still liable. - Medical History Disclosure
Victims have to share their medical history, but it doesn’t reduce what the person who caused the injury owes. It helps clarify how much of the injury was caused by the accident.
Jury Instructions in “Eggshell” Plaintiff Trials
Judges give juries specific instructions to award compensation based on the actual harm the victim suffered, not what a healthier person might have experienced.
Why This Doctrine Protects Justice
This rule ensures fairness, particularly for society’s most vulnerable, including seniors, children, and those with disabilities. It means everyone receives full compensation for their injuries, regardless of any health conditions which existed before the accident.
Implications for Plaintiffs and Their Attorneys
Lawyers for eggshell plaintiffs need to carefully document any pre-existing health conditions, show how the accident worsened those conditions, be prepared to counter arguments that other factors caused the harm and take a strong legal approach. With respect to this last point, it often requires expert medical testimony which can be the key to winning a case.
Final Thoughts: Fairness Over Perfection
The eggshell plaintiff doctrine is about fairness, not perfection. It upholds the principle that everyone, no matter their health, deserves to be fully compensated when someone else’s negligence causes them harm.
If you or someone you know has a pre-existing condition and got injured because of someone else’s carelessness, don’t let your health history be used against you. Talk to a lawyer who understands this rule and can explain how it applies to your case.
Frequently Asked Questions About The Eggshell Plaintiff Rule:
- Does the eggshell plaintiff rule apply in every state?
Yes, it’s recognized across the U.S., though the details can vary by state. - Can a defense lawyer argue against the eggshell rule?
They can try, but courts usually uphold this rule. They might focus on proving a “crumbling skull” situation instead. - How does a lawyer prove someone is an eggshell plaintiff?
By using medical records, expert testimony, and evidence that links the accident directly to the worsened injury. - Does this mean plaintiffs can exaggerate injuries?
No. The rule doesn’t allow for dishonesty. Courts require solid, documented proof of injuries. Generally this comes in the form of medical records and testimony from experts and friends of the victim. - Can children be considered eggshell plaintiffs?
Yes. Age does not change the fact that this rule applies to everyone, and protects all vulnerable people equally.
About The Author
This article was written by Paul S. Padda, the managing attorney of Paul Padda Law. With offices in Las Vegas and Chicago, Paul Padda Law is a premiere law firm representing individuals and businesses in a wide variety of practice areas such as personal injury and business disputes. If you’re facing a legal issue you’d like help with, contact Paul Padda Law at (800) 712-0000 or get in touch through this website.