In a personal injury lawsuit, a jury must decide the full amount of money that will reasonably and fairly compensate a personal injury plaintiff for all damages caused by the wrongful conduct of the defendant even if the plaintiff was more susceptible to injury than a normally healthy person would have been. This is known as the eggshell plaintiff doctrine.
- Continue to read and learn more about the eggshell plaintiff doctrine in personal injury claims and lawsuits.
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Personal Injury Plaintiff | The Eggshell Plaintiff Doctrine
Any person committing careless and wrongful acts that are considered negligent takes the person they injure as they find them. If, by reason of some preexisting condition, their victim is more susceptible to injury, the defendant is not thereby exonerated from liability. Rideau v. Los Angeles Transit Lines (1954) 124 Cal.App.2d 466, 471. A negligent act causing injury is not excused even if a normally healthy person would not have suffered the same injury.
Example Scenario 1: Evan is a very shy and somewhat scared 19-year old. He stays home many days. He is a loving kid though and does like to go to the corner market to buy his mom’s groceries. One day while walking to buy milk, Emily’s dog chases him and bite him. Evan is terrified and now won’t even go outside to go to the corner market. He hasn’t gone outside to the market for 5-months. Emily is liable for the emotional distress the dog bite has caused him.
Example Scenario 2: Carla, 34, is a very petite woman standing 4’11’, and weighing 100lbs. She is in a auto collision that many would consider to be minor. Her car sustained some damage and she was taken to the hospital by ambulance. At the hospital, an MRI reveals that she suffered a herniated disc and will likely require surgery. Layman’s opinion here is that a taller, heavier person would not have suffered this type of injury. The defendant here is still liable for all of Carla’s injuries.
Ordaz Law, APC | Personal Injury Plaintiff
Juan J. Ordaz Jr. provides candid, hardworking and personal legal representation to individuals seeking a personal injury attorney in San Diego County. We help victims suffering from a variety of injuries, who have sustained their injuries through different types of injury producing events. We believe that it is a necessity to represent people who have sustained traumatic and debilitating injuries, and suffered ultimate losses.
Call (619) 550-3617 today so that we may schedule your free and discreet consultation with a premier San Diego personal injury attorney.
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Blog: Personal Injury