Bernard Tully Personal Injury Lawyer. Phone: 412-281-8700
What can you do if you were involved in an accident and 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 available under the law that you can use?
Understanding The Eggshell Rule
Yes, there is! We had a call from a former client that we represented long ago who was involved in 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 with a “Point for Charge (a/k/a jury instruction)” that the judge gave to the jury called the eggshell rule. The eggshell rule applies when a person who caused the accident resulted in minor damage, if any, to a car, but the victim is still hurt 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. This is where understanding the eggshell rule comes into play.
For example, 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 they are entitled to full damages.
The Eggshell Rule is an effective tool that can be used to let the jury know just what you went through for your legitimate injuries that resulted 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 family member with their case. Questions about our blog? CALL US!
Bernard Tully Pittsburgh Car Accident Lawyer. Phone: 412-281-8700 and 1-800-518-0050