I’m Easily Injured. Am I Still Entitled to Compensation for an Accident?
It’s not a laughing matter, but Baltimore personal injury lawyers Attorney Eric T. Kirk know the law recognizes that, yes, unfortunately, a given person may be more likely or more easily injured than another. The age-old adage is that an at-fault party “takes his or her plaintiff as he or she finds them”. If that results in an injury to a physically infirm individual, whereas a healthy individual might not have sustained the injury, that does not relieve the responsibility of the transgressor.
The concept is sometimes called the “egg-shell skull” plaintiff rule.
The concept is related to, but not necessarily the same as, the concepts of aggravation or exacerbation of underlying conditions. The law requires that every person be judged, in the context of damages that they have sustained, according to their unique characteristics, including the propentist for bodily injury. The goal in these types of cases is to ask the court to instruct the jury in a case involving such a person that the fact that an injury would have been less severe if sustained by another should not affect the amount of the recovery.