utah attorney who takes "egg shell plantiff"

What is an eggshell head plaintiff?

The concept of an eggshell head plaintiff is known to most attorneys. It refers to a client who was injured who has pre-existing sensitivities. That doesn’t necessarily mean that the person has a so-called “pre-existing condition”. It means that the person may be very vulnerable. The person may be very weak. They may be very susceptible to injury for a number of reasons. An elderly person may be an eggshell head plaintiff. They may not have any pre-existing condition per se. However due to their age they are simply very susceptible to injury. An event that may not injure you or me may cause injury to an old person.

What does "take a plaintiff as she finds her" mean?

This means that regardless of the Plaintiff’s physical condition at the time of the incident, she is entitled to recover the damages resulting from the incident conditioned as she was at the time of the injury. The fact that the Plaintiff had physical problems at the time of the incident that made her more susceptible to injury does not, in itself, relieve the Defendant of liability for all damages sustained by the Plaintiff that were proximately caused by or aggravated by the incident.

What is an eggshell plaintiff?

While the eggshell plaintiff is a person who suffers from some kind of physical difference that makes them more susceptible to injury, there is also the matter of a plaintiff with a preexisting condition. While it is widely recognized that a defendant will only be responsible for injuries or damages caused by her negligent behavior, it is also recognized that a defendant will be responsible for any damages resulting from the aggravation of a preexisting injury or condition. For example, if a plaintiff involved in an automobile accident previously suffered from a torn rotator cuff, the defendant would be responsible for any injuries resulting from the accident, but would not be responsible for any injuries that the plaintiff would have suffered as a result of having a preexisting condition. Naturally, this can lead to some complex cases, especially if the plaintiff were already recovering from prior injuries.

Does a defendant have to show a higher duty of care to an eggshell plaintiff?

Interestingly enough, while the defendant must accept the plaintiff as he finds him, he does not have to show a higher duty of care to the eggshell plaintiff. A defendant must only have violated an ordinary standard of care in order to be found responsible for damages. In addition to this, however, under tort law, a plaintiff does not even have to have a natural condition that creates aggravated injuries, and may also have preexisting conditions that are aggravated as a result of the injury.

Can a defendant be responsible for a preexisting injury?

While it is widely recognized that a defendant will only be responsible for injuries or damages caused by her negligent behavior, it is also recognized that a defendant will be responsible for any damages resulting from the aggravation of a preexisting injury or condition.

What is an eggshell plaintiff?

This type of highly susceptible plaintiff is commonly known as an “eggshell plaintiff.”. The eggshell-plaintiff doctrine applies to all areas of the law – intentional torts, negligence, strict liability, and criminal law. It protects the rights of a plaintiff whose pre-existing fragility makes them particularly susceptible to injury.

What are the jury instructions for eggshell plaintiff?

Not only do these jury instructions empower the jury to find defendant liable and adequately award damages , they further compel the jury to consider the susceptibility of an eggshell plaintiff. 1.

What happened to Plaintiff Jordan?

2. Plaintiff Jordan was working as a switchman for Santa Fe on January 28, 2006. He was closing a gate at Leaseway when it fell and landed on top of him.

What is an expert in a case?

Experts are an absolutely essential tool to explain the causation between the normal harm that may have occurred compared to the aggravation of a plaintiff’s pre-existing condition. Independent doctors, forensic psychiatrists, and psychologists should review all available documentary evidence concerning a plaintiff (i.e., treatment notes, medical and employment records, deposition transcripts, and thorough psychological test data) in order to assess any potential factors that may cause or contribute to aggravating plaintiff’s physical impairments and mental disorders. An expert retained in an eggshell-plaintiff case should be used to explain rather than advocate, and to provide to the trier of fact an adequate explanation to distinguish additional damages caused by pre-existing factors.

Why is pre-existing fragility important?

It protects the rights of a plaintiff whose pre-existing fragility makes them particularly susceptible to injury. As a matter of public policy, courts refused to allow defendant to rely on a plaintiff’s pre-existing conditions to escape liability.

Can a plaintiff with a preexisting condition be exonerated?

These pre-existing issues do not give the defendant a license to further injure the plaintiff. It is clear that even though a plaintiff without a pre-existing condition would probably have suffered less injury, it does not exonerate the defendant from the added liability.

What is the eggshell plaintiff rule?

The eggshell plaintiff rule can impact both plaintiffs (known as claimants in personal injury law claims) and defendants. As a result, a defendant may find himself responsible for substantially more damages than he may have initially realized when the accident/incident occurred. Conversely, the plaintiff – one who is much more vulnerable or has a pre-existing condition – may not realize that they have a valid claim for compensation. In fact, injured victims who may qualify as eggshell plaintiffs often mistakenly believe that they do not have valid claims – viewing a particular condition as an automatic disqualifier.

Who is liable for eggshell thin skull?

Accordingly, if the eggshell-thin skull example plaintiff is injured by the negligence or recklessness of another person or entity, the at-fault party would be liable for any and all resulting injuries.

What Does the Eggshell Plaintiff Rule Mean for Sexual Assault Claims?

Dordulian Law Group (DLG) is the trusted and premier California sexual assault firm representing survivors in all types of claims . Led by former sex crimes prosecutor and Deputy District Attorney for Los Angeles County, Sam Dordulian, DLG provides a unique type of multi-tiered, all-encompassing legal representation that also includes access to a 24/7 support network offering added resources. DLG is well-known for recovering multi-million dollar settlements under difficult circumstances. A couple of recent examples include:

Does an eggshell thin skull plaintiff have to have a natural condition?

Furthermore, although the at-fault party must accept the eggshell-thin skull plaintiff as he is, that defendant does not have to demonstrate a greater duty of care to the vulnerable individual. As a result, the at-fault party only has to violate a standard duty of care in order to be found liable for financial damages. Furthermore, a personal injury law plaintiff does not need to have a natural condition which causes aggravated injuries (but they may have pre-existing conditions that are aggravated by the injury).

Can a child who is a hemophiliac file a lawsuit?

But that’s not the case, and one’s susceptibility to injury or harm doesn’t invalidate a claim. If a non-hemophiliac child is eligible to file a lawsuit against the dog owner, so is the hemophiliac child.

Can an eggshell plaintiff be held liable for damages?

While minimal touching may not have any impact on one individual, when it impacts an egg shell plaintiff , the at-fault party can be held liable for any resulting damages.