Bernard Tully Personal Injury Lawyer. Phone: 412-281-8700
What can you do if you have minor damage to your car, but you were hurt and maybe had surgery? How can you let a jury know what you went through? Is there anything that the law provides you that you can use?
Yes there is! We had a call from a woman that we represented long ago and she had another accident. She said, “Bernie there was no damage to my car, but I had to have surgery for my knee. Is it even worth pursuing?” She was an elderly lady who we were able to help through a charge the judge gives to the jury called the eggshell rule. The eggshell rule applies when a person who caused the accident causes minor damage, if any, to a car but hurts the victim because of their fragile body. The at-fault driver is liable for the full extent of the other driver’s injuries, even though these injuries resulted in part because a frail victim is more prone to injuries than a “normal” person.
An example? Okay, let’s say there are a dozen eggs and they get rattled around in the carton. Maybe one will crack and the other eleven won’t. The egg that cracks is a broken egg. Same thing in an auto accident. Even though there are people who are less likely to be injured from a minor impact, there are other people whose “shell cracks” and are entitled to full damages.
The defendant who caused the accident, have to take the person as they find them. They can’t say, “Well nobody else would get hurt from this kind of light impact.” Sorry, Charlie, the jury and judge give us that break regarding the eggshell rule. It’s an effective tool that can be used to let the jury know just what you went through for your injuries that are legitimate from this minor impact from the car accident.
Our main focus is honesty. We always preach it. We are passionate about trying to help any injured person or child with their case. Questions about the blog? CALL US!
Bernard Tully Pittsburgh Egg Shell Minor Impact Personal Injury Lawyer. 412-281-8700 and 1-800-518-0050