Who is responsible for increasing your injury?

After an auto accident, I have had more pain than I had prior to the accident. I believe the accident aggravated it, or increased the injury. Is the other person responsible?

The other person is responsible for all damages that they cause. Because you had a pre-existing problem, they are still responsible for the injury that you received after the accident. This is called the egg-shell plaintiff rule. The defendant is responsible for all injuries that they cause.

As an aside, sometimes your doctor will tell you that the other person is not responsible for this. Just as I do not practice medicine, your doctor should not practice law. If you have an increase in pain or other symptoms, talk to an attorney about your rights.

Comments

[Ron Miller]

The same holds true in Maryland. There are two Maryland jury instructions on point: the susceptibility instruction (Maryland Pattern Jury Instruction 10:3) and aggravation of preexisting condition instruction (Maryland Pattern Jury Instruction 10:4).

The tough thing in these cases is getting medical opinions as to the difference to a reasonable degree of medical probability. But I think too many lawyers shy away from personal cases where the client has a preexisting condition because if they are credible people who say their life was X and now it is Y, a jury will believe them.

Ron Miller
www.millerandzois.com