The Eggshell Plaintiff Rule is critically important to a Personal Injury Accident Victim who suffers from a Preexisting Condition or Injury that is made worse or aggravated by an Accident.
The Eggshell Plaintiff Rule makes it clear that a Defendant is liable for the full extent of the harm caused by an accident, even if the harm is greater than could have been expected.
It’s like knocking Humpty Dumpty off of the wall. Whoever did it is fully responsible if Humpty can’t be put back together again.
Common real life examples of the Eggshell Plaintiff Rule often involve people with preexisting Spine Injuries. Spines are fragile and when injured are highly susceptible to aggravation or worsening by trauma. So, when someone with a Neck or Back Injury is hurt in a car collision, even a seemingly minor impact, the consequences can be devastating.
Pennsylvania Law recognizes that not only new injuries deserve fair compensation but also the aggravation or worsening of an old injury. The law also recognizes that the Defendant should be held fully responsible for all of the consequences of the aggravation (Medical Bills, Lost Income, Disability and Pain) without any discount to account for the fact that the victim was more susceptible than a “healthy” person.
So, if you’re injured in an accident, know your rights and don’t feel guilty about enforcing them. The law, including The Eggshell Plaintiff Rule, exists to protect you and to hold wrongdoers fully accountable for their carelessness.