How Does The Eggshell Plaintiff Doctrine Affect Personal Injury Cases in Georgia?
The first thing you need to know about how the Eggshell Plaintiff Doctrine affects personal injury cases in the state of Georgia is what an eggshell plaintiff is. An eggshell plaintiff is more fragile than your average plaintiff. In other words, an eggshell plaintiff may have a pre-existing medical condition that is made worse by being involved in an accident.
This sounds like someone’s worst nightmare, and it very well could be – especially if the other driver is not actually an eggshell plaintiff and yet claims to be. Letting an Atlanta car accident lawyer take over your case can prevent the other driver from taking advantage of you by claiming more injuries than he or she truly suffered.
Don’t Let The Eggshell Plaintiff Doctrine Drain Your Bank Account (And Your Sanity). Call Us!
A typical car accident that results in some minor bumps and bruises may be no big deal for you, but for an eggshell plaintiff, this could spell disaster. Some people are more susceptible to injury, which means that being involved in a car accident can damage them for life when the same impact might cause another person in a similar accident a short-term effect.
If you have been involved in an accident with an eggshell plaintiff, you could be facing some serious damage amounts. You may have to compensate the other driver for long-term damage and/or significant medical bills. You could be facing bankruptcy for an accident that barely damaged either of your cars.
Don’t worry – Prieto, Marigliano, Holbert & Prieto, LLC can help. We know how difficult an eggshell plaintiff case can be, and we will work with you to get you the best possible result. Call now for a free consultation with no obligation to retain.
Understanding An Eggshell Plaintiff
The general rule when it comes to personal injury cases is that the defendant is responsible for his or her actions, regardless of the state of the plaintiff. If a man decides to drive drunk, for example, then gets into an accident, whether the other driver is an eggshell plaintiff is of no moment. He should know that accidents can have a number of outcomes and to do everything he can to prevent one.
To be clear: while an eggshell plaintiff may suffer more significant damages than another driver in a similar accident, the defendant is only responsible for the damages that he personally causes.
Yet, because an eggshell plaintiff may suffer more damages than your average person, these are even more damages that can be reclaimed from the defendant. While you may only be responsible for injuries associated with your accident, those injuries can be much more substantial for them (and costly for you) for an eggshell plaintiff.
Understanding the Eggshell Plaintiff Doctrine
Here is where things can get tricky. Say you were involved in an accident with an eggshell plaintiff who has a bum knee from a prior accident. In this accident, he broke his leg. He may file a damage claim against you for both the broken leg and for further complicating issues with his knee.
However, as the defendant, you are only responsible for the injuries he suffered as a direct result of the accident. This is where you should consider hiring a lawyer to help. You may have difficulty proving on your own that you should not have to pick up his medical bills for the rest of his life for a pre-existing knee condition.
At Prieto, Marigliano, Holbert & Prieto, LLC, we know all too well how to handle an eggshell plaintiff. We can see right through a claim that is more extravagant than what they deserve. Let us review your case, and we will be able to tell you right away what your next steps should be.
Do Not Square Off With an Eggshell Plaintiff Without an Experienced Lawyer By Your Side!
Eggshell plaintiff cases can get out of hand very quickly, so it is crucial you hire someone with ample experience in this area to help you. Here at Prieto, Marigliano, Holbert & Prieto, LLC, we have the resources and experience necessary to parse out what you are responsible for from what the other driver may be trying to get away with.
Fill out the form to the right, or call us at (855) 329-7144. Our knowledgeable lawyers care about your case and can work with you on the best approach for your case. What is more is that you will receive a free consultation with no obligation to retain. Give us a call today!