Virginia Law on the Eggshell Skull Plaintiff

Charlottesville Personal Injury Law Firm

Virginia law follows the common law rule regarding preexisting conditions. Frequently, a personal injury victim has a preexisting condition that makes them more likely to suffer from an accident than someone who is in good health. A good example is someone who has a history of back problems. A rear end collision is more likely to injure such a person and cause additional problems. Under Virginia law, the person who caused the injury is responsible for all the consequences of their actions, even if the action would not have injured a healthy person. This rule is known as the eggshell plaintiff doctrine. When you think about it, a person who is negligent should be responsible for all the consequences of their negligence, even if he or she did not plan on injuring a less than healthy person. In other words, you take your victim as you find them. The classic example is the individual who punches someone and shatters their "eggshell" skull. The puncher may not have known that the victim had an eggshell skull, but he or she is still responsible for all the consequences of the punch.

Francis P. Hajek
Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro