After a car accident, you may find yourself dealing with lawyers and insurance companies who will try every possible tactic to minimize your injuries and losses. This can be especially true for people who are overweight. The other parties involved in the accident claim may try to say that you deserve less compensation because your weight contributed to the severity of the injuries that you suffered. Fortunately, the “eggshell plaintiff” or “thin skull” rule means that the person who caused the accident is responsible for your injuries, regardless of your weight.

4 Guiding Principles About the Eggshell Plaintiff Rule

What is the eggshell plaintiff rule? The following is an overview:

  1. Your physical state at the time of the accident is not relevant. Whether you are overweight or physically fit, the at-fault driver is responsible for your injuries regardless.
  2. Even if your weight meant that you suffered more serious injuries caused by the accident than another person would have who is not overweight, the at-fault driver is still responsible.
  3. The at-fault driver must “take you as he finds you.” This includes your weight, even if your weight created a unique susceptibility for certain injuries.
  4. The only way your weight can be taken into account with regard to your personal injury claim after a car accident is if your injuries would have occurred regardless of whether the car crash took place.

Have You Been Injured In A Kansas City Area Car Accident?

If you've been injured in a car accident you need to speak with an experienced car accident lawyer as soon as possible. Contact us online or call our Kansas City office directly at 816.471.5111 to schedule your free consultation.

James Roswold
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James Roswold is a Kansas & Missouri personal injury, workers comp, and medical malpractice attorney.