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Why Being Overweight Can Be Used in Your Car Accident Settlement

Drew Duncan
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Partner at Zimmer, Duncan and Cole, LLP

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10/1/2015
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A person who is overweight and injured in an automobile accident could face an extra hurdle in obtaining the compensation he deserves from the driver who caused the accident. The at-fault driver’s insurance company may argue that the weight of the injured person made the injuries worse and is, thus, partially responsible for the damages. Is this a legitimate argument?

How the “Eggshell Plaintiff” Rule Protects Accident Victims

It is no secret that many people in the United States are overweight. And insurance adjusters will sometimes use weight as a factor in car accident cases. Adjusters may try to blame the victim for the injuries sustained in the accident due to his weight or obesity. However, a person’s weight should not affect the amount of compensation a person receives in a personal injury accident case. These situations fall under the “eggshell plaintiff” rule. Key points of this rule include:

  • The injured victim is entitled to full compensation even if an average person in the same circumstance would not have experienced such severe injuries.
  • The negligent party takes the victim as he finds him and is responsible for compensating the victim for all injuries.
  • The negligent party is not required to show a higher duty of care to this person than a normal person.

While a person’s weight should not affect compensation, an insurance company may still raise it as an issue at trial. This is one reason why you need to contact an experienced automobile accident attorney who understands the “eggshell plaintiff” rule before negotiating with the other party.

If you have been injured in an accident caused by another driver, you could be entitled to compensation for your medical bills, lost wages, and emotional trauma. Call us today at 888-373-2992 to schedule a free consultation to learn how we can help you.

 



Category: Auto Accident

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