At Bert McDowell Injury Law, we understand that terms like “eggshell plaintiff” can feel harsh or demeaning. However, it’s important to discuss what this legal principle means and how it can impact your personal injury case. Whether you are the injured party or facing a claim by someone else, this rule could significantly affect the damages involved.

What Is an Eggshell Plaintiff?

The term “eggshell plaintiff” refers to a person who has pre-existing conditions or medical vulnerabilities that exacerbate their injuries in an accident. Under the law, the defendant is responsible for the plaintiff’s actual injuries, regardless of whether a “typical” person would have suffered the same level of harm.

The imagery behind the term comes from a metaphorical comparison: imagine a person with a skull as fragile as an eggshell. If an accident causes their skull to break, the defendant must take full responsibility for the resulting injury—even though the skull was more fragile than normal. This concept underscores the legal rule that defendants must “take plaintiffs as they are.”

Application of the Eggshell Skull Rule in Connecticut

In Connecticut, the eggshell skull rule applies to personal injury cases involving car accidents, slip and falls, workplace injuries, and more. Simply put, defendants are obligated to compensate plaintiffs for the full extent of their injuries, even if those injuries are worsened by pre-existing conditions or unique vulnerabilities.

For example, imagine you have a medical condition that weakens your bones. You are involved in a minor car accident that breaks your leg. Even though a “healthy” person might not have sustained such an injury, the defendant is still responsible for covering the medical costs and damages associated with your broken leg. They cannot argue that your pre-existing condition absolves them of liability.

Pre-Existing Conditions and Personal Injury Cases

Pre-existing conditions are often a key factor in personal injury cases. For instance, if you recently underwent surgery and an accident worsens your recovery or creates new complications, the defendant is liable for the additional harm caused. The goal of the law is to restore you to the condition you were in before the accident occurred.

This means that even if your injuries are more severe due to a pre-existing condition, you are still entitled to compensation for the additional damage. Insurance companies may try to downplay the impact of the accident, but with the right legal team, you can present a strong case for the full compensation you deserve.

Proving Additional Damages in Connecticut

Proving additional damages caused by an accident can be complex, especially when pre-existing conditions are involved. An experienced attorney at Bert McDowell Injury Law can help you gather the necessary medical records, consult with expert witnesses, and demonstrate how the accident aggravated your condition.

For example, a medical expert may testify about the difference in your condition before and after the accident, clearly outlining the additional harm caused. This evidence can be pivotal in countering insurance company arguments and securing a fair settlement or verdict.

Contact Bert McDowell Injury Law Today

If you’ve been injured in an accident in Connecticut and have a pre-existing condition, you shouldn’t assume that it limits your right to pursue compensation. At Bert McDowell Injury Law, we are committed to helping you receive the full award you deserve. We understand the nuances of the “eggshell skull” rule and will fight tirelessly on your behalf.

Let us guide you through the legal process and connect you with the experts needed to prove your case. Call us today at 475-231-3274 for a free consultation. You can also fill out our online contact form to get started. Don’t wait—your road to justice begins here.