Does Tennessee Recognize the Eggshell Plaintiff Rule?
A person’s health condition at the time of an accident can significantly impact the severity of their injuries. So what happens if the injured person had a pre-existing condition that made them more vulnerable to harm? In personal injury law, this is where the eggshell plaintiff rule comes into play.
If you have been injured and have concerns about how your health history might affect your claim, don’t assume you are out of options. Tennessee law protects you. Contact a skilled Nashville personal injury lawyer to discuss your case and protect your right to fair compensation.
What Is the Eggshell Plaintiff Rule?
One of the base injury law legal principles that is recognized across the country, the eggshell rule holds a defendant fully responsible for all injuries they cause, even if the injured person had pre-existing medical conditions. The rule is in place to protect those that may be more susceptible to sustaining an injury or at risk of aggravating a health concern.
For example, if someone with a fragile bone condition is involved in a car accident and suffers more serious injuries than a healthy person would in the same situation, the at-fault driver cannot argue that they should pay less simply because the injured person had a pre-existing condition. They are still responsible for the full extent of the harm caused.
In short, the law in Tennessee protects injured parties who may have been more vulnerable due to their health at the time of the accident. This means that if you are injured in a car crash, slip and fall, or other accident, you can still pursue full compensation, even if you had pre-existing injuries, medical conditions, or other vulnerabilities. The key factor is causation. If the accident aggravated your pre-existing condition or caused new injuries, the at-fault party can be held liable for those damages.
What If an Insurance Company Denied My Claim?
Insurance companies often try to reduce or deny claims by arguing that a victim’s injuries were not caused by the accident but were simply the result of a pre-existing condition. The eggshell plaintiff rule prevents this from being a successful defense if the accident worsened the condition or caused additional harm.
If you are in this situation, you are entitled to seek compensation for:
- Aggravation of pre-existing conditions
- Medical bills for new or worsened injuries
- Pain and suffering, including emotional distress
- Lost wages and reduced earning capacity
It’s important to note that clear medical evidence is essential. You will need to show that the accident either made your pre-existing condition worse or caused new injuries. This is where working with a knowledgeable Nashville personal injury lawyer becomes critical.
Were you contacted by an aggressive insurance adjuster who is trying to use your medical history against you? The lawyers at Calhoun Law, PLC are available to gather the necessary medical records, work with healthcare experts, and build a case that clearly connects your current injuries to the accident, even when pre-existing conditions are involved. Contact us today to schedule a confidential consultation.
