In New York, a defendant is fully liable for harm caused to an injury victim, even if a pre-existing condition made that victim more vulnerable to injury. This is based on a legal principle called the eggshell plaintiff rule. Insurance companies cannot (but will try to) use your medical history to escape responsibility for pain and suffering.
Key takeaways
- New York’s eggshell plaintiff rule holds at-fault drivers responsible for aggravating pre-existing conditions.
- The at-fault driver is responsible even if a healthy person would have walked away unharmed.
- Insurance companies will use prior medical history to minimize settlements, a tactic that is easily countered under New York law.
- The strength of an eggshell plaintiff claim depends heavily on documented medical evidence.
- You must still meet New York’s serious injury threshold to recover pain and suffering damages.
What the Eggshell Plaintiff Rule Actually Means
The eggshell plaintiff rule means that when someone causes negligent injury to another party whose skull is “as fragile as an eggshell”, the negligent party is responsible for the full extent of the injury, regardless of what would have happened to an average person. New York courts consistently apply the principle to car accident cases involving serious injuries.
Consider some common scenarios on Long Island:
- A rear-end collision on the Long Island Expressway re-herniates a disc from a previous back surgery.
- A T-bone accident on a Nassau County road worsens an existing rotator cuff tear, now requiring surgery that wasn’t previously necessary.
- A prior knee injury, stable for years, is destabilized in a collision, leading to a total replacement.
In each case, the at-fault driver is responsible for the aggravation.
How Insurance Companies Attempt to Minimize Compensation
Insurance companies know and understand the eggshell rule, but they also understand that the average Long Islander probably doesn’t. Their standard approach is to:
- Pull prior medical records and emphasize any history of pain or treatment in the affected area.
- Argue that the current condition is a continuation rather than an aggravation. Their lawyers may argue that it’s not something caused by the accident.
- Some insurers will offer a settlement for incremental harm, often far below the actual damages.
- They may hire defense medical examiners to produce opinions that minimize causation.
An experienced Long Island personal injury attorney will anticipate all of this and build the real medical narrative that supports your claim.
Building a Strong Claim Through Objective Evidence
At The Raimondo Law Firm, we understand how stressful these cases can be, especially while you are recovering from a serious injury. The key is establishing a before-and-after narrative through medical evidence.
We can work with you to:
- Obtain and collate pre-accident records that show the baseline condition. You are in the best position to seek compensation if it was stable, managed, and asymptomatic before the accident.
- Document your post-accident imaging. MRIs, X-rays, records of medical consultations and treatments are all essential.
- Gather functional evidence, detailing what you could do before the accident, and how you are limited today.
Gaps in treatment or missing or inconsistent records can give insurers room to argue against your claim. Consistent and well-documented care is what wins these cases.
In New York, you must clear the serious injury threshold to recover pain and suffering damages.
You Deserve Compensation for Serious Injuries, Regardless of Pre-Existing Conditions
Insurance companies may try to use your past against you if you let them. The Raimondo Law Firm acts as your legal representative and an advocate for your rights under New York law. If you were hurt in a Long Island car accident and have a pre-existing condition, you can call us for a free initial case review and consultation today. We provide 24-hour service, and there is no fee unless we win. Talk to us at (631) 471-1222.
