Originally published by William K. Berenson.
What is an eggshell plaintiff?
Personal injury law has always required a negligent person to pay for all damages suffered by the person they injure. This is due to the eggshell plaintiff rule that holds that the weakness or sensitivity of a victim cannot be used against them in court. But calculating those damages can be difficult, especially if they increased due to a past condition or injury. Plaintiff and insurance lawyers battle over this issue on a daily basis.
Defense attorneys claim that the wrong-doer is not liable for the portion of the injury that pre-existed the accident. But the tortfeasor must take the person they harmed as they found them. The victim cannot be blamed for being vulnerable. An accident will cause them to suffer a greater injury than the average person.
Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.
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