Personal injury claims need to include a fair evaluation of the injuries suffered by the plaintiff
in order to be resolved correctly. When the plaintiff was in perfect health
before the accident, it can be simple to measure the medical costs of
treatment and estimate future costs. Few people are actually in perfect
health, however, and most injury plaintiffs will have some sort of pre-existing
health condition. How do such conditions factor when determining damages?
Paying for Injuries Caused or Worsened
When a defendant in a personal injury claim is found liable for the plaintiff’s
injuries, new and pre-existing health conditions are taken into account.
This is to say, damages paid in compensation should consider injuries
caused by the accident in question, and injuries worsened by the incident.
If your knee pain worsened after a
car accident caused by a reckless driver, for example, the pre-existing condition is
relevant to your case and claim. Even though you may have sought medical
treatment in the past for your knee, the liable party still owes you damages
for any future treatments for that knee. After all, it could be argued
that you were on the verge of recovery, but the crash made everything
worse again.
What is the Eggshell Skull Rule?
Personal injury liability law includes an oddly named rule: the eggshell
skull rule. It describes a situation in which someone has a skull no stronger
than an eggshell. People who cause harm to that person can be held liable
for all damages, despite that person’s proclivity for serious injury.
The rule establishes that someone who is vulnerable to harm does not need
to take extra steps to prevent injuries caused by another party. The underlying
truth is everyone is responsible for their own actions, not the actions
of those around them.
Personal Injury Attorneys in Dunedin
Paulsen Law Group has been assisting the wrongfully injured throughout
Tampa Bay for more than 15 years. Our Dunedin personal injury lawyers
have the knowledge needed to manage any case, including those with complexities
caused by pre-existing health conditions. Be sure to call our law firm
at (727) 270-8260 to request a
free case consultation if you believe you have a valid reason to file a claim.