The eggshell plaintiff rule states that a defendant must take the plaintiff as they find them. In other words, if an accident aggravates or worsens a preexisting condition, the at-fault party is still responsible for all resulting damages—even if those damages are more severe than they would have been for a person without the preexisting condition.
For Seattle residents with personal injury claims, this rule can be a powerful tool. It means that even if you had a history of back problems before your car accident, for example, you can still seek compensation for how the accident exacerbated your condition. The focus shifts from whether you had a preexisting condition to how the accident impacted your current state of health.
The Importance of Medical Evidence to Support Your Claim for Damages if You Have a Preexisting Condition
As a Seattle personal injury lawyer, Preet Kode emphasizes the need for comprehensive medical records that clearly distinguish between your pre-accident condition and your post-accident state. This documentation should include:
- Your detailed medical history. Provide a clear picture of your health before the accident, including any treatments or medications for preexisting conditions.
- Documentation of your immediate post-accident care. Records from emergency room visits or urgent care immediately following the accident can help establish the direct impact of the incident.
- Documentation of your ongoing treatment. Documentation of continued medical care, including any changes in treatment plans or medications, can demonstrate how the accident has affected your preexisting condition.
- Expert medical opinions. Statements from your treating physicians or independent medical experts can provide professional insights into how the accident has worsened or complicated your preexisting condition.
By building a strong foundation of medical evidence, you can more effectively counter any attempts by insurance companies to downplay the impact of the accident on your overall health.
The Kode Law Approach to Maximizing Your Compensation
Insurance companies often use preexisting conditions as a strategy to minimize payouts. They may argue that your current pain or limitations are solely due to your preexisting condition, not the accident. As your Seattle personal injury lawyer, Preet Kode is well-versed in these tactics and knows how to counter them effectively.
Here’s how the team at Kode Law addresses preexisting conditions in personal injury claims:
- Detailed comparison. We work with medical experts to clearly illustrate the differences between your pre-accident and post-accident conditions.
- Focus on aggravation of your prior illness or injury. We emphasize how the accident has worsened your preexisting condition—potentially requiring more intensive treatment or causing additional pain and suffering.
- Lifestyle impact analysis. We document how the accident-related aggravation of your preexisting condition has affected your daily life, work, and relationships.
- Skillful negotiation. Leveraging our deep understanding of Washington state personal injury law, we skillfully negotiate with insurance companies to ensure they fully account for the impact of the accident on your preexisting condition.
Kode Law is devoted to helping Seattle residents like you secure the compensation they deserve. Check out our case results and testimonials to see how our experience and commitment can make a difference in your personal injury claim.
