Pre-Existing Conditions Do Not Mean You Cannot File A Personal Injury Claim
Apr 3, 2020
Many people think that if they are more predisposed to a certain injury than someone considered to be completely healthy that they are barred from bringing a personal injury claim against an individual that caused them harm. This is not the case.
Those that may be prone to certain disorders or those who are older and may not be in perfect health are entitled to bring a personal injury lawsuit against an alleged defendant.
The ability to do this and ensure those who do have pre-existing conditions are entitled to compensation if injured is achieved via the Pennsylvania Eggshell Skull Doctrine, otherwise known as the Eggshell Plaintiff Doctrine (Doctrine).
The Doctrine makes sure that plaintiffs sustaining personal injuries due to the negligence of others are fairly compensated whether they are in perfect health or not. Pennsylvania hold that the frailty of an injured plaintiff is not a defense in a personal injury case.
Moreover, under the Doctrine, the defendant is liable for all damages to the plaintiff as a result of negligence – even if the pre-existing condition makes the plaintiff’s injuries worse than the defendant could anticipate.
An example would be an older female passenger, taking anti-coagulant medication for a history of blood clots, was involved in a collision where the defendant crashed into the driver’s side of her car after running a red light. The impact caused very severe bruising and internal bleeding. It is possible the anti-coagulant medication could contribute to the woman’s injuries and possible recovery.
It is not a defense for the at-fault party to claim the victim’s severe bruising and inability to clot normally is beyond the injuries that would have been expected if the victim was healthy. The Eggshell Doctrine says that it is fair for a defendant to compensate an injured plaintiff for the harm caused, regardless of whether the victim had a prior condition that made them more susceptible.
At Melaragno, Placidi & Parini, we have your back. We understand the ins and outs of personal injury litigation and settlements. We’ve been doing this type of work for decades and we’re good at it. Call us today to discuss your case and remember, it does not matter if you have a pre-existing condition made worse by an accident.