A common fear among clients is that they can't file a claim because they had a 'bad back' or a previous knee injury before the accident. Insurance adjusters love to exploit this fear, telling you y...
A common fear among clients is that they can't file a claim because they had a 'bad back' or a previous knee injury before the accident. Insurance adjusters love to exploit this fear, telling you your pain is just 'old age' or 'prior issues.' But Florida law has a specific doctrine to protect you: The Eggshell Plaintiff Rule. It basically says the defendant must take you as they find you.
The Eggshell Plaintiff Doctrine
Imagine a person with a skull as fragile as an eggshell. If someone negligently taps them on the head and their skull cracks, the attacker is responsible for the full extent of the injury, even if a normal person wouldn't have been hurt. In legal terms, this means a defendant is liable for aggravating or worsening a pre-existing condition, even if you were already fragile.
Aggravation vs. Causation
We don't have to prove the accident caused the arthritis in your back. We just have to prove the accident made it WORSE. If you were managing your pain with Advil before the crash, but now you need surgery, the accident is responsible for that change in your condition.
Honesty is Critical
The worst thing you can do is lie about your medical history. If you deny having prior back pain, and the insurance company finds old medical records (which they will), your credibility is ruined. Be honest: 'Yes, I had back pain before, but it was a 2/10. Now it's an 8/10.'
Medical Evidence
We use medical experts to differentiate between the old injury and the new aggravation. MRI comparisons (before and after) are powerful evidence. Doctors can testify about how trauma accelerates degenerative conditions.
Don't Let Them Discount Your Pain
Just because you weren't in perfect health before the crash doesn't mean you don't deserve compensation. You have a right to the quality of life you had before the accident, whatever that was.
Contact Emas Law Group Today
Your medical history is not a bar to recovery. It's just a factor we manage. Emas Law Group knows how to use the Eggshell Plaintiff rule to force insurance companies to pay for the full impact of the accident on your unique body.
Frequently Asked Questions
Will they see my old medical records?
Yes. In a lawsuit, the defense is entitled to review your relevant medical history. That's why we get the records first to know what's in them.
What if I was asymptomatic before?
That's even better. If you had 'degenerative disc disease' on an X-ray but no pain, and now you have pain, the accident is clearly the trigger.
Does this apply to mental health too?
Yes. If an accident triggers a relapse of PTSD or depression, you can claim damages for that emotional aggravation.