Some injuries are worse because of pre-existing conditions. A slip, a fall, a car accident – what might leave one person with minor bruises can cause life-changing complications for another. When someone else’s negligence makes an existing condition worse, New Jersey law ensures that injury victims are fully compensated, even if they were more vulnerable than the average person.
This is where the eggshell plaintiff rule comes in. Under this legal principle, at-fault parties cannot escape liability just because a victim had a pre-existing condition. If an accident worsens an old injury or medical issue, the responsible party must pay for the full extent of the harm they caused.
At The Law Offices of Richard A. Stoloff, we understand how insurance companies try to use medical history against injured individuals. They may argue that an injury was pre-existing or that the accident played only a small role in a victim’s suffering. Our firm has successfully handled personal injury claims involving pre-existing conditions, ensuring that clients receive the full compensation they deserve.
Knowing how this rule applies can make all the difference in securing fair compensation after an accident.
What Is the Eggshell Plaintiff Rule in New Jersey?
Under New Jersey law, a negligent party must take an injured person as they are, regardless of pre-existing conditions. If an accident worsens an existing condition, the at-fault party cannot escape responsibility by arguing that the injury would have been less severe in someone else.
A driver who rear-ends a person with a fragile spine is just as responsible as if they had hit someone with no prior injury. A store owner whose unsafe floor causes a fall is still liable, even if the victim had knee problems before.
Injuries happen in the real world, not in controlled conditions. The law recognizes that.
How Pre-Existing Conditions Affect Personal Injury Claims
A pre-existing condition does not reduce a victim’s right to compensation, but it often complicates the claims process. Insurance companies may try to use medical history against the injured party. Having a strong legal strategy can prevent that.
Distinguishing New Injuries from Existing Conditions
Insurance companies frequently argue that pain, medical costs, or disability existed before the accident. Medical evidence is crucial. A doctor’s records, imaging scans, and expert opinions can show whether an injury is new or significantly aggravated by the accident.
A person with arthritis may have been managing discomfort for years, but a slip-and-fall that leads to torn ligaments is a new injury, not just a continuation of an old condition.
Aggravation of a Pre-Existing Condition
Many injuries do not create entirely new conditions but make existing ones worse. The eggshell plaintiff rule applies here too. The at-fault party is responsible for all consequences of their actions, even if the victim’s condition made those consequences worse than expected.
A pedestrian with an old neck injury may have lived pain-free for years before a car accident. If that crash reignites chronic pain or requires surgery, the responsible driver is still fully liable for the worsened condition.
Insurance Companies Target Pre-Existing Conditions
Adjusters look for ways to shift blame away from the at-fault party. Some common tactics:
- Claiming the injury was pre-existing rather than caused by the accident.
- Requesting extensive medical records to find anything that can be used to reduce a payout.
- Misinterpreting medical evidence to downplay the impact of the accident.
A personal injury lawyer anticipates these strategies and builds a case that proves the full extent of the harm suffered.
The Role of a Personal Injury Lawyer in Eggshell Plaintiff Cases
Navigating an injury claim with a pre-existing condition requires legal skill and experience. The right attorney protects clients from insurance tactics and ensures they receive the compensation they deserve.
Gathering Strong Medical Evidence
Detailed records, before-and-after medical reports, and expert testimony establish a clear link between the accident and the aggravated condition.
Working with Medical Experts
Medical professionals explain how the accident caused new injuries or made an existing condition worse. Their insights clarify the long-term impact of the injury.
Fighting Insurance Company Tactics
Insurance adjusters look for any reason to reduce compensation. An experienced lawyer anticipates these arguments and counters them effectively.
Accurately Calculating Damages
Compensation should reflect the full extent of an injury, including:
- Medical expenses: Past, present, and future.
- Lost income: For missed work and reduced earning capacity.
- Pain and suffering: Both physical and emotional.
Examples of Eggshell Plaintiff Cases
The eggshell plaintiff rule is best understood through real-life inspired scenarios.
Pre-Existing Back Problems Made Worse by a Car Crash
A truck driver in New Jersey had occasional lower back pain but was able to work without restrictions. After being hit by a reckless driver, he suffered severe herniated discs, leaving him unable to continue his career. The at-fault driver’s insurance tried to claim the injury was inevitable, but medical testimony proved otherwise. The truck driver secured compensation for his medical costs, lost wages, and pain and suffering.
Fragile Bone Structure and a Slip-and-Fall Injury
A retiree with osteoporosis fell on a poorly maintained sidewalk, breaking multiple bones. The property owner’s lawyer argued that the victim’s fragile bones were the reason for the severe injury. However, under the eggshell plaintiff rule, the court ruled that the property owner’s negligence made them fully liable, regardless of the victim’s pre-existing condition.
The law protects people as they are, not as insurance companies wish they were.
Proving Damages in Eggshell Plaintiff Cases
Proving damages requires a comprehensive approach:
- Medical testimony: Doctors explain the link between the accident and the injury.
- Visual evidence: Scans, imaging reports, and medical charts.
- Personal impact statements: The victim’s testimony about how the injury affects daily life.
A strong case leaves no room for insurance companies to argue.
Why Fair Compensation Matters
For individuals with pre-existing conditions, fair compensation is even more critical.
- Medical costs are higher: Worsened conditions require longer treatment.
- Recovery is harder: Previous injuries make healing more difficult.
- The emotional toll is greater: Dealing with increased pain and limitations affects mental well-being.
No one should have to suffer more than necessary because of someone else’s negligence.
Protect Your Rights with The Law Offices of Richard A. Stoloff
If you have a pre-existing condition and were injured in an accident, you still have the right to full compensation. Insurance companies may try to minimize your claim, but we won’t let that happen.
At The Law Offices of Richard A. Stoloff, we fight to ensure your unique medical history does not affect your right to recover damages. Whether your injury was aggravated by a car crash, slip and fall, or another accident, we have the experience to build a strong case on your behalf.
Call (609) 957-6810 today or fill out our online contact form for a free consultation. We proudly serve Linwood, Atlantic City, Galloway Township, and accident victims across New Jersey.
Disclaimer: This content is for informational purposes only and should not be taken as legal advice. For legal assistance, please consult an attorney.