In Nevada, personal injury law empowers accident victims to seek compensation when they are hurt in an accident. One misconception is that you can’t receive financial compensation if you suffer a pre-existing injury. That’s just not true.
Under Nevada law, a defendant is responsible for all the consequences that flow from an injury. This is the “eggshell” plaintiff rule. Put differently, the defendant can’t argue that you are unusually vulnerable to injury due to a pre-existing condition. Instead, they need to pay fair compensation for their injuries.
Call Ace Law Group today to speak with a personal injury lawyer. Our firm can swing into action to gather facts in support of your claim. It’s helpful to recreate what happened so that there are no questions that the defendant’s conduct is responsible for your injuries.
What is the Egg Shell Plaintiff Rule?
An eggshell is brittle and cracks easily. In legal terminology, a person who is especially vulnerable to bodily injury is an “eggshell” plaintiff. For example, a woman might be struggling with osteoporosis, which makes her bones brittle.
If someone accidentally bumps into her in the grocery store, she could suffer a fractured hip and fall and strike her head on the floor—all because her bones are brittle. A younger person probably wouldn’t fall in the first place.
Under the eggshell plaintiff rule, a defendant is fully responsible for all consequences of their acts. That means the person who accidentally bumps into a woman with osteoporosis can’t get out of paying compensation by claiming the victim is too easily hurt. Contact us if you have questions about how this rule will impact your case specifically.
What Do You Need to Prove?
To win a personal injury case, a victim needs to show:
- The defendant owed them a duty of care;
- The defendant failed to exercise sufficient care, which is a breach of their duty;
- The victim suffered damages, such as bodily injuries;
- The victim’s damages were caused by the defendant.
We seek financial compensation for all damages, including medical care, lost wages, lost income, pain and suffering, and property damage.
As the victim, you need to prove the four elements above. You can expect the defendant to claim you had a pre-existing injury and that your current symptoms (pain, sleeplessness) are solely the result of your previous injury. We will work to gather sufficient evidence to prove how the accident impacted you.
Common Pre-Existing Injuries
Many people are struggling with medical conditions that make them susceptible to injury, including:
- Osteoporosis. This demineralization of bones leads to an increased risk of fracture.
- Concussion. A person who suffers a concussion is at greater risk of serious injury if they suffer a second one.
- Knee injury. A person could hurt their knee at work and then injure it in a car accident, causing even more damage to the cartilage in the knee. Some knee injuries become degenerative.
- Back injuries. Any injury to the spinal column could become much worse with a second accident which impacts the back.
- Depression. A person struggling with depression can have their condition worsen when they suffer a bodily injury and are stuck at home.
- Post-traumatic stress disorder (PTSD). A second accident could result in even more severe PTSD.
Although the defendant is not responsible for your pre-existing condition, they are liable for all consequences that flow from the accident. This is called “taking the victim as you find them.”
Remember to tell your personal injury attorney about any illness or injury you were dealing with before the accident. We need to know whether you were already hurt in the run-up to the accident. We can review your medical records, also.
Will You Receive Less Compensation?
You shouldn’t. However, you can expect the defendant and their insurance company to try and reduce the amount they pay in a settlement. We have seen insurance adjusters in Nevada use all sorts of tricks. They might argue:
- Your current symptoms are simply the result of your pre-existing condition, and they aren’t responsible for any increase in pain or medical bills. Essentially, they are arguing that they didn’t hurt you.
- Your current disability is the natural progression of your preexisting injury. Again, they are arguing that even though they crashed into you, they are not to blame for any disability.
- You are not entitled to compensation because the defendant couldn’t anticipate your medical condition, so it’s unfair to hold them fully responsible.
We can work with medical experts to fully understand your pre-existing condition. Often, it’s not too hard to prove the defendant is responsible for any increase in pain and disability. Imagine a motorist hits you as you cross the street. This traumatic impact can aggravate any pre-existing condition, and it’s hard to argue that this collision caused no injury to you.
The defendant might hire their own medical expert and have you meet with a doctor of their choosing. They will also scrutinize your medical records to gauge the severity of your pre-existing condition.
Help for Tourists and Business Visitors
We represent many accident victims who visit Nevada for business or pleasure. Getting hurt while visiting the state is frustrating. You deserve a local lawyer who can help negotiate for a settlement with a local defendant. We can connect you to a local doctor who can review your current medical condition.
We are also well positioned to find evidence that helps us recreate the accident, which is often critical for success. For example, if you fell in a casino, we can contact the casino to look at surveillance video. There are cameras everywhere.
Speak with a Personal Injury Lawyer Today
Accidents leave many people with serious medical bills and other financial losses. They might even feel they are losing hope. At Ace Law Group, our legal team has obtained many settlements and verdicts for our clients, and we know how to win. If you need help, please call us today to schedule a free consultation with our law firm.