When you’re pursuing a personal injury claim in New York, it’s
important to share the details of any pre-existing conditions or injuries
with your attorney. Although it might seem unnecessary, sharing this information
from the beginning can save your case in the long run, as your lawyer
will be better prepared to navigate around the “eggshell skull rule.”
Also called the “eggshell plaintiff theory,” this legal principle
dictates that the defendant must “take their victim as they found
them” – meaning that you are still entitled to pursue a personal
injury claim when you have a pre-existing condition. However, without
the right
Greenwich personal injury lawyer, you may have a more difficult time securing maximum compensation.
How Insurance Companies Use the Eggshell Skull Rule
The eggshell skull rule was designed to protect plaintiff’s rights,
as it prevents cases with pre-existing conditions from being automatically
dismissed. In spite of this noble intention, insurance companies are infamous
for using the eggshell skull rule to profit. By claiming that all of an
eggshell plaintiff’s injuries stem from their prior conditions,
and not from the accident at hand, insurers can often convince juries
to reduce the total amount awarded.
In order to fight back against this manipulative tactic, your lawyer will
need to have a complete understanding of your prior injury, especially
as it relates to your accident. For example, if you were diagnosed with
a chronic back condition several years ago, you will naturally be more
vulnerable to
serious spinal cord injuries during a car accident. Of course, a spinal cord injury is much more serious
than even the worst chronic back pain, and a negligent driver should still
be held responsible for your long-term medical treatments.
Do you have a pre-existing condition or prior injury? If so, here are some
of the details you should share with your attorney:
- The date you incurred your injury/condition
- Duration of medical treatment
- The medical providers who treated you
- Whether you had an MRI or CAT scan
- The extent of your recovery (if applicable)
- Duration of time taken off work
- Whether you were recommended for surgery
- The last time you treated the injury/condition
When you share these details with an experienced personal injury attorney,
they will be better able to sort through the honest facts of your case,
and demonstrate why you still need significant compensation for exacerbated
injuries. At Ivey Barnum & O’Mara, we have decades of combined
experience helping clients bring complex injury claims. No matter your
pre-existing condition, we’ll listen to your story and give you
the fair chance at recovery you deserve.
Call today at {F:P:Site:Phone} for more information! We can serve clients
throughout Fairfield County, Westchester County, and Metro New York.