"Egg shell law" anyone know about this

[despair]

What is the name of your state? Florida accident

Anyone know about Egg Shell Law
read a bit on another site that if you have a pre existing condition which is made worse by an auto accident the Insurance Co cant diminish your claim

They have to take you as you are !!

anyone know more details

 

[seniorjudge]

What is the name of your state? Florida accident

Anyone know about Egg Shell Law
read a bit on another site that if you have a pre existing condition which is made worse by an auto accident the Insurance Co cant diminish your claim

They have to take you as you are !!

anyone know more details

The general rule is that the defendant (person who did the damage) has to take the plaintiff (the one suing for damages) as he is.

In other words, if I have a medical condition that would make a small injury (to a normal person) a life-threatening one for me, then that's what the defendant has to deal with.


"...A defendant is liable for any injuries caused or contributed to by his or her negligence. The presence of other non-tortious contributing causes does not reduce the extent of that liability. Loss cannot be apportioned according to the degree of causation where it is created by tortious and non-tortious causes...."

http://www.educ.sfu.ca/cels/supreme_crt7.html

That's just an example; I can't tell you if that is the law in your state.

 

[Litigation!]

What is the name of your state? Florida accident

Anyone know about Egg Shell Law
read a bit on another site that if you have a pre existing condition which is made worse by an auto accident the Insurance Co cant diminish your claim

They have to take you as you are !!

anyone know more details

My response:

It's not a "law"; e.g. the "egg shell law." It is, however, a doctrine of tort law; that a tortfeasor takes his plaintiff as they are. That means, if you happen to be susceptible to a particular injury, versus what another person might suffer in the same or similar accident, then the tortfeasor must "live with" that plaintiff's susceptibility.

It is no defense that plaintiff was in a preexisting weakened condition or "unusually susceptible" to injury: Defendants are liable for all damage legally caused by their tortious acts even though the injured plaintiff had a preexisting condition that made the consequences of the tortious acts more severe than they would have been for a "normal" victim. Simply stated, defendants "take their victims as they find them"!

IAAL

 

[badapple40]

However, I think it is important to note that the defendant only pays for the damage he did. In other words, if the Plaintiff was originally injured and could only work 6 hours a day, and then was injured and could only work 2 hours a day, the Defendant would just pay for the additional 4 hours a day.