Spinal Cord Injuries, Pre-existing Conditions, and the "Eggshell Plaintiff"

Posted on May 20, 2010 by Kristine Meredith

Spinal cord injuries can result from a spectrum of causes: compression of the space around a disk, fractures of a vertebra (cervical, thoracic or lumbar), or a disk "blown" or crushed by a fall. The spinal cord can be injured or severed by a gunshot or by a knife wound. But the leading cause of spinal cord injuries is, by far, motor vehicle accidents (MVAs).

 Often, the MVA victim is concerned about whether a pre-existing condition will make a difference in his case. Generally, it will.

The person whose negligence causes an MVA is responsible only for the harm that results from that particular accident. That means that, if the victim had a pre-existing injury, the victim is entitled to compensation only for the extent to which the accident made the victim's condition worse.

Sometimes the victim had no pain from his pre-existing condition, but the condition made him more susceptible to being injured. Then the "eggshell plaintiff" rule applies. The rule provides that it is no defense that a pre-existing neck or back condition made the victim more susceptible to injury. The wrongdoer who caused the MVA must fully compensate the victim. It makes no difference that another victim without the pre-existing condition might not have suffered any injury at all. The "eggshell plaintiff" is entitled to be fully compensated for the injuries he suffered in the accident, even if the careless driver had no way of knowing the victim's condition was so fragile.

The victim’s pre-existing condition plays an important part in the evaluation of spinal cord injury cases. Sometimes, sorting out what injuries were pre-existing from those that were not can be exceedingly difficult. Because of that, the cases are best handled by attorneys experienced in analyzing medical evidence and in presenting that evidence to a jury.

 

Tags: , , ,

Proving the Victim's Right To Be Compensated For Medical Care The Victim Will Need In The Future

Posted on May 11, 2010 by Kristine Meredith

Some accidents result in permanent injuries that will require ongoing care for the rest of the victim's life.  The victim is entitled to be compensated for the cost of the future care now.  That's because once the lawsuit is resolved, he cannot return to the wrongdoer and ask for additional compensation.  The cost of the victim's future care is part of compensatory damages.

To prove what sum of money, paid today, will adequately cover the expenses the victim is likely to incur in the future, the victim's attorney must enlist the help of several experts:

  1. The victim's current doctor or other medical expert to testify about the victim’s injuries.  The doctor will testify about the victim's current medical condition and the medical services he needs including therapy, equipment, transportation, and so on;
  2.  A doctor or nurse case manager specializing in physical rehabilitation medicine to review current medical records and interview the victim and current caregivers.  When this expert is done with her work, she will create a "life care plan" which will itemize the medical services that the victim will need for the duration of his life; and
  3. An economist to calculate the total costs of the future medical care set forth in the life care plan.  In determining the sum that needs to be paid to the victim today to ensure that his medical needs are met into the future, the economist will account for the inflation rate of medical goods and services, and reasonable rates of return on invested funds.

To properly gather the evidence and to work effectively with qualified experts, the victim's attorneys must have a keen understanding of their client’s injuries.  Without that understanding, there can be no assurance that amounts awarded the victim for future care will be adequate.   

Tags: