The eggshell plaintiff rule can come to the aid of those injured individuals who were already suffering from certain illnesses or already had certain characteristics that made them more fragile or prone to injuries. A case that was judged by the Los Angeles Superior Court illustrates this rule after a 65-year-old man was injured in a car accident. Plaintiffs who know that their health state allows for the use of the eggshell plaintiff rule can request the help of one of the Los Angeles personal injury attorneys.
Old man injured in car crash with aggravated injuries
In 2012 a 65-year-old man was injured in a minor vehicle accident in Los Angeles
. His claim was based on the fact that he was already prone to injuries and that the vehicle accident contributed to the onset of an ongoing pain which prevented him from performing his usual activities and thus impacted his life.
The man’s vehicle was involved in a rear-end collision on the Southbound Harbor Freeway in California. The defendant hit the plaintiff’s car from behind and, upon the arrival of the police, the elderly individual declared that he was in no need for medical assistance. Days later, after a consult, the plaintiff found that he had issues with his lumbar region. However, because he had a preexisting condition, he could not undergo the normal surgical procedure.
The plaintiff based its case on the fact that he had pre-existing medical conditions
that were aggravated by being involved in the minor vehicle accident. His first demand was 60,000 $. The defendant made a lower counter-offer of only 20,000 $. After the case was judged in court, the jury awarded the plaintiff over one million dollars for his injuries.
The use of the eggshell plaintiff rule in California
Under the eggshell plaintiff rule, the defendant cannot escape liability or negligence
because the plaintiff is more prone to injuries than the average individual. He will be held liable for negligence and/or a wrongful act regardless of the plaintiff’s medical condition at the time of the accident.
These types of cases that involve minor accidents can be proved with the help of a Los Angeles personal injury attorney. Because the accident is seemingly uneventful at its time, it may take some days or months before the plaintiff realizes that the injuries have indeed aggravated a pre-existing condition.