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Kansas City Accident Injury Attorneys

I was injured in a car accident but I was overweight at the time of the crash. Am I entitled to less compensation?

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.

After an accident, it is important to take action quickly in order to protect your legal rights. Personal injury victims have only a limited period of time in which to pursue a legal claim. To learn more about how we can help, we encourage you to contact us today at (816) 471-5111 for a consultation.

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

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