Eggshell Plaintiff

Although all human bodies are brittle, “eggshell plaintiffs” are particularly so. A person who is less resilient than the average person due to a pre-existing medical condition or another factor may sustain more severe injuries and monetary losses in an accident. Due to the “eggshell skull” rule, the legal system takes these distinctions into account and holds defendants accountable for any additional damages that plaintiffs sustain as a result.

The Brown Firm prefers not to use terms like these because we think they may come off as insulting to someone who has been hurt. However, it is crucial to understand what this means for your particular situation. You might be deserving of a larger award or be required to pay more in damages to a potential victim.

The phrase “Eggshell Plaintiff” refers to a plaintiff who has additional medical issues or conditions that make their injuries in a particular case even more severe. It is often used to signify that the defendant must pay for all damages brought on by the accident, not just those that an “average” person would sustain.

The term “eggshell plaintiff” originally referred to a comparison between an eggshell and a normal skull. The theory is if the plaintiff’s skull was made of an eggshell and it broke because of an accident, then the defendant would have to compensate for those injuries, even though the plaintiff’s skull was particularly vulnerable to breakage. This is the reason why this rule is also known as the “eggshell skull” rule.