Understanding the “Eggshell Plaintiff” Doctrine in Oklahoma Car Accident Cases

Drivers in Oklahoma are responsible for all injuries and deaths they cause, no matter the victim’s financial, physical, or personal circumstances. There’s no formula that determines the damages a negligent driver will have to pay. Each car accident victim has the right to be placed in as close a position as possible as the victim was before the accident.

The eggshell rule says that a defendant takes the plaintiff as he finds him. If the victim’s injuries are minor, the defendant pays for minor injuries. If the victim is old and needs much more time to heal, then the defendant pays for that additional healing time. If the victim drives a $40,000 vehicle and the defendant totals the vehicle, the defendant pays for the cost to replace the $40,000 vehicle – and if the victim was driving an old car worth $2,000, the defendant pays just $2,000.

The eggshell plaintiff rule

The eggshell terminology stems from the common example wherein a person with an eggshell skull – i.e., fragile or delicate – suffers an injury that an otherwise strong or healthy person likely would not have sustained. For the eggshell plaintiff, a minor fender-bender could cause a traumatic brain injury – whereas, for the person with a strong skull, a minor fender-bender might just result in whiplash that heals in a few weeks. While the analogy originates with references to the skull, the idea applies across the board to any mental or physical condition a person may have, which causes them to be more susceptible to injury relative to another individual.

A few examples of eggshell plaintiffs

Different victims, different injuries

If a victim has minor injuries that require just a few doctor visits, then the negligent driver has to pay for the cost of those few visits, the pain and suffering due to those injuries, and any income the victim loses while they are seeking medical help. If another victim requires a lifetime of medical care, then the negligent driver will face damages for every type of medical care the victim requires for their whole life – and also pay for their pain and suffering and inability to work again.

Different victims, same injuries, different ability to handle pain or recover

Some car accident victims who have the same injury and are the same age may need different medical care and may experience different levels of pain. The different abilities to recover may be due to their physical health, mental health, or just the circumstances of their lives. For example, some injury victims may experience severe psychological distress related to a crash and require more mental health support or therapy as compared to others with the same injuries. The defendant has to compensate each victim according to their individual health and medical needs.

Pre-existing conditions

Whether a car accident victim has any pre-existing conditions is somewhat different. Generally, while the defendant is not liable for the pre-existing injury, the defendant is liable for any aggravation (worsening) of that pre-existing injury.

If, for example, a passenger already has a broken leg, then a defendant who causes an accident is liable to that passenger for the passenger’s injuries to the extent the defendant makes the broken leg worse. The defendant is not liable for the original break of the leg.

So, if the passenger was going to need three months for the leg to heal and still needs just three months due to the accident, the victim may have trouble proving an actual aggravation of the condition. Alternatively, if the defendant now needs another surgery and another two months to heal, there would be a clear, identifiable change of condition that would warrant compensation.

What damages do your car accident lawyers seek?

Our Tulsa car accident lawyers work with your physicians to understand the full scope and severity of your injuries and how your injuries are affecting every aspect of your life. We work with your employers, financial experts, life planners, and car mechanics to place a proper value on your other damages.

At Biby Law Firm Injury and Accident Lawyers, we demand compensation for all your current and future damages, including the following:

• Medical bills. These include emergency care, surgeries, hospital stays, physical therapy, occupational therapy, other types of rehabilitative therapy, psychological counseling, medications, and assistive devices. Compensation is not limited to past bills incurred and can include medical expenses expected in the future.
• Pain and suffering. This includes physical pain, mental anguish, frustration and any other physical or mental result caused by the underlying incident. Every moment of discomfort or pain and every time you have stress or anxiety or suffer from depression will factor in. It can also include post-traumatic stress disorder (PTSD). If injuries are permanent, future mental and physical pain and suffering is compensable
• Loss of income. This includes your wages, work benefits, and business income for as long as you cannot perform your job.
• Permanent impairment. As mentioned above, while some injured persons will return to their pre-incident baseline, many will not. In such a scenario, doctors will be able to forecast the ramifications of those injuries in the future.
• Other damages. These include:
  • Scarring and disfigurement
  • Loss of bodily function
  • Loss of enjoyment of life

Similarly, wrongful death claims allow for the same damages but also permit recovery for the loss of financial support, the loss of personal support (love, comfort, and guidance), and funeral and burial costs, among other things.

Call our Tulsa attorneys today

Contact Biby Law Firm Injury and Accident Lawyers to speak with our experienced car accident lawyers. We’ve helped thousands of accident victims obtain the compensation they deserve. Please call us or contact our Oklahoma offices to schedule a free consultation.