Imagine you already have a sore knee from a past sports injury, and then you get into a Michigan car accident that worsens your knee problem. Should you be entitled to compensation for the full extent of your knee issues or only for a portion of it simply because you weren’t in “perfect” health to begin with?
Under the Eggshell Plaintiff Rule, the person at fault can be held fully responsible for your injuries if the accident made your condition worse. The legal doctrine ensures you receive damages that reflect the reality of your situation rather than allowing the at-fault party to hide behind your pre-existing conditions.
Let our skilled injury attorney in Muskegon discuss how the Eggshell Plaintiff Rule applies, why it’s important, and how you can protect your rights when dealing with personal injury claims.
How Pre-Existing Conditions Impact Personal Injury Claims in Michigan
Generally, any health problems you had before an accident can be labeled a pre-existing condition, which can range from relatively minor issues to more severe ones, including spinal disc problems, chronic back pain, or prior surgeries. The Eggshell Plaintiff Rule, however, provides that such conditions don’t necessarily eliminate your right to recover damages for injuries and losses resulting from a new incident, whether it’s a car crash, slip-and-fall, or medical malpractice.
If you don’t want to lose your personal injury claim, you must show that the actions of the at-fault party caused or aggravated your injuries. For instance, suppose you had minor lower back issues for years but were still able to work and function without serious problems. After a car accident, you might have experienced severe pain that significantly limits your mobility. In that case, you can argue that the accident aggravated your back condition, making it worse than it was before.
That’s where thorough and consistent medical documentation becomes essential. If your doctor’s records and test results clearly indicate that your condition got worse after the accident, you might have a stronger personal injury case. On the other hand, if there’s a gap in treatment or unclear documentation, the defense might argue that your worsened condition is due to something else, such as normal wear and tear or a different cause unrelated to the incident.
Challenges in Applying the Eggshell Plaintiff Rule in Muskegon Cases
Even with the Eggshell Plaintiff Rule that protects individuals with pre-existing conditions, there can still be major hurdles when pursuing an injury claim. Defendants and their insurance companies typically use several defenses to minimize or avoid paying for your worsened injuries. Some common tactics include:
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- Pre-existing Conditions – arguing that your injuries are completely unrelated to the accident and were entirely pre-existing
- Lack of Causation – claiming that your current symptoms don’t stem from the incident but are part of a natural progression of your health problems
- Failure to Mitigate – alleging that you didn’t take proper care after the incident, which made your injury worse
Because it’s often difficult to measure how much a condition has worsened, medical experts can be called in to testify. These experts can review your existing medical records and offer an opinion on whether your condition worsened due to the accident or it simply took a natural turn for the worse. Expert witnesses can make or break your case, giving the jury or the insurance adjuster professional insight into your condition and the cause-and-effect relationship of the incident.
A relevant example is the case of Chalko v State Farm, where the court did not apply the Eggshell Plaintiff Rule. In that case, the plaintiff argued that her pre-existing conditions had been worsened by a car accident and that she needed 24-hour attendant care. However, conflicting medical opinions allowed the jury to conclude that the majority of her medical problems were due to her pre-existing health issues rather than the accident.
How an Experienced Injury Attorney Builds a Strong Case Using the Eggshell Plaintiff Rule
Working with a local injury attorney in Muskegon can make all the difference in successfully applying the Eggshell Plaintiff Rule. Here’s how your lawyer might help:
Gathering Medical Records
A competent attorney can gather all the necessary medical documentation—including your past medical records, showing what your baseline condition was, as well as post-accident tests and treatments, indicating new or worsened injuries—to prove how the event changed your health.
Consulting Experts
A knowledgeable attorney can work with respected experts who can corroborate your claim, explaining your health condition and providing insights into how the accident specifically aggravated it. Without compelling expert testimony, insurance companies might dismiss your claim as a mere extension of your old injuries.
Presenting Compelling Arguments
A well-prepared lawyer can structure a clear narrative that addresses likely defenses before the defendant can raise them. Instead of merely reacting to accusations, your attorney proactively proves that your worsened condition wasn’t inevitable—it was caused or aggravated by the negligence of the responsible party.
Countering Blame-Shifting
Many defendants try to point fingers at your history to shift blame away from their actions. A seasoned injury attorney in Muskegon is well-versed in local court procedures and common insurance tactics. Such legal experts know how to argue effectively that your vulnerabilities do not absolve the at-fault party of liability.
Don’t Let Pre-Existing Conditions Limit Your Compensation—Contact Our Muskegon Injury Attorneys Today!
If you or a loved one has suffered an injury, and you’re worried about how a pre-existing health issue can affect your case, don’t hesitate to seek legal assistance from Shafer Swartz PLC. Our experienced injury attorneys in Muskegon are ready to use the full strength of the law, including the Eggshell Plaintiff Rule, to ensure you have the best possible chance of receiving the compensation you need to move forward with your life. Contact us today at (231) 722-2444 or here to schedule a consultation. We’re here to stand up for you every step of the way.