Eggshell Rules and Pre-Accident Health Concerns

If you’ve been hurt in an accident in Pennsylvania or New Jersey and already had a medical condition beforehand, you may be wondering whether that history will impact your personal injury claim. The answer lies in a legal concept known as the eggshell plaintiff rule. Have a conversation with a Bucks County personal injury attorney to fully understand what protections are in place when it comes to your recovery. Doing so can make a big difference in how your case is handled.

How Eggshell Rules Influence Injury Claims

The term eggshell plaintiff comes from the idea that even if someone is more fragile or vulnerable than the average person, the person who caused the injury is still fully responsible for the harm. In other words, a negligent party takes the victim as they find them, whether that victim had a strong body or was dealing with prior injuries, chronic illness, or other medical challenges.

Should someone with osteoporosis, for example, suffers a bone fracture in a low-speed crash that might not injure a healthy person, the at-fault driver is still liable for all resulting medical treatment, lost wages, and pain and suffering.

In short, in Bucks County and across both Pennsylvania and New Jersey, the eggshell plaintiff doctrine ensures that pre-existing conditions do not disqualify a person from recovering compensation. That said, these types of cases often face greater scrutiny from insurance companies.

Insurers may try to argue that:

• Your injuries weren’t caused by the accident at all
• The accident only minorly aggravated an old injury
• Your condition was going to worsen with time, regardless of the crash

While it’s true that compensation only covers injuries caused or worsened by the accident, the law also states that if an accident aggravated a pre-existing condition, the injured party can still recover damages for that worsening.

For instance, imagine a Bucks County resident with a history of back problems who gets rear-ended. They now experience daily pain and require physical therapy and pain management. Even though they had back issues before, if the accident made those problems worse, they may be entitled to full compensation for the new level of pain, treatment, and disruption in life.

Don’t Let Pre-Existing Conditions Stop You

Having a health issue before an accident shouldn’t keep you from getting the care and compensation you need to recover. Thanks to the eggshell plaintiff rule, your unique health circumstances are protected under the law.

Speak with an experienced Bucks County personal injury attorney if you’ve been injured and worry your past health could affect your claim. With the right legal support, you can focus on healing while your attorney fights to ensure you’re treated fairly every step of the way.

Were you told your medical expenses will not be covered because of a pre-existing health concern? Don’t accept a denial or lowball offer without talking to the skilled attorneys at Kevin L. Hand, P.C. You may have more recovery options than you initially thought. Call 215-515-2604 to schedule a confidential consultation.