After a crash, insurance adjusters often ask about the injured person's medical history. They may use a pre-existing condition to argue that they should pay less. Florida law provides an important protection: the eggshell plaintiff rule.
The Basic Rule
The eggshell plaintiff rule—also called the “eggshell skull” rule—means a negligent party must take the injured person as they find them. The at-fault party is responsible for the full harm they cause, even when a prior condition makes the injury worse. Examples include a prior back injury, arthritis, osteoporosis, or a healed fracture. A victim's greater vulnerability does not excuse the person who caused the harm.
How Insurers Use Pre-Existing Conditions
Insurers often claim that an injury existed before the crash and was not caused by their insured. Their goal is to shift treatment costs to the injured person and reduce the settlement offer. This is a common tactic in Florida injury claims.
What the At-Fault Party Must Pay For
The rule does not make a defendant responsible for a condition that existed before the crash. It makes the defendant responsible for any aggravation, acceleration, or worsening caused by the defendant's negligence.
For example, if a crash makes a pre-existing back condition worse, the at-fault party may be responsible for:
- increased pain or a flare-up;
- new or additional treatment;
- loss of function; and
- other harm caused by the worsened condition.
This remains true even if a healthier person might have suffered only a minor strain.
Why Medical Records Matter
An eggshell plaintiff claim often depends on showing the difference between the person's condition before and after the crash. Strong documentation should include:
- medical records from before the crash;
- evaluations and treatment after the crash;
- proof of new or worsened symptoms; and
- consistent follow-up care.
Gaps in treatment or missing records may allow an insurer to argue that the current symptoms are unrelated to the crash.
Talk to a South Florida Injury Lawyer
If you or a loved one was injured because of someone else's negligence, Englander Peebles is ready to review your case at no cost. We handle injury claims on a contingency-fee basis. You pay nothing unless we recover compensation for you.
Englander Peebles | (954) 500-HURT | ftlinjurylaw.com | 2122 W. Cypress Creek Road, Suite 206, Fort Lauderdale, FL 33309