Pasadena Personal Injury Attorney
Have you suffered aggravation of a pre-existing medical condition?
Joe, a car accident injury client of the firm.
If you have suffered aggravation of a pre-existing medical condition as
a result of an accident, then you are legally entitled to compensation
for the additional harm that was caused. Under the law, you are called
an "eggshell plaintiff," meaning that you are fragile and more
susceptible to physical injuries than the average person. Under the eggshell
doctrine, the defendant must "take the victim as he finds him,"
invisible medical conditions and all. What does this mean to you? This
means that the person liable for your injuries is liable for any damage
that was caused by the accident. This includes any unforeseen injuries
suffered by the eggshell plaintiff.
Examples of an Eggshell Plaintiff
- You have endured two back surgeries and must walk with the assistance of
a cane. As you are walking across the street through a crosswalk, a car
slides in and strikes you at 5mph. Although this speed may not have caused
much damage to a normal healthy adult, it has severely damaged your back
causing you to fall on the ground where you are not able to stand back
up. Your recent back surgery is virtually ruined and you are required
to undergo another surgery immediately. In this case, the defendant is
liable for the cost of your upcoming back surgery and other associated
You had neck surgery years ago and a surgeon placed metal rods in your
neck. You are struck from behind at 35 mph in a
rear-end collision where you suffer whiplash injuries. The metal rods in your neck come apart
causing a medical emergency where you must seek medical treatment right
away. The person who struck you from behind is responsible for your medical
costs even though a normal person wouldn't have suffered such injuries
in such a minor impact.
California Jury Instruction & the Eggshell Plaintiff
Under certain circumstances your case may go to trial. If the judge decides
that the "eggshell plaintiff" rule applies to you, then the
jury will be read the California jury instruction with addresses the aggravations
of a prior injury, CACI 3927, which states:
"Plaintiff is not entitled to damages for any physical or emotional
condition that he/she had before defendant's conduct occurred. However,
if plaintiff had a physical or emotional condition that was made worse
by defendant's wrongful conduct, you must award damages that will
reasonably and fairly compensate him/her for the effect on that condition."
Pasadena Personal Injury Lawyer
At McGee, Lerer & Associates, we have extensive experience handling
cases where the victim suffered from an aggravation to a pre-existing
medical condition. We are aware that the defense adjuster will use your
pre-existing injury against you in an effort to devalue your claim. The
adjuster will state that the injuries that you say resulted from the accident
are in fact injuries that you suffered beforehand, and they will say that
they won't pay for them.
Pasadena personal injury attorneys we will zealously fight any desperate attempt by the insurance company
to reduce the amount of damages owed to you. We will gather all of your
medical records associated with your pre-existing medical condition and
then explain how the recent accident actually made your pre-existing medical
condition worse. We will not accept a low-ball settlement offer; instead
we will pursue maximum compensation for the additional harm that you have
been forced to endure.
Contact a Pasadena personal injury lawyer from McGee, Lerer & Associates if your pre-existing medical condition
has been aggravated by an accident.