In Ohio, the “Eggshell Plaintiff Rule” requires negligent parties to consider victims given their state at the time of the accident. What it means for injured parties is that they are allowed to recover damages even if they had a pre-existing condition, as long as the accident aggravated or worsened that condition. For example, this would include previous neck pain that worsens and leads to more pain and limited movement; or a knee/hip implant that becomes displaced requiring additional surgery.

Although the “Eggshell Doctrine” protects Plaintiffs, insurance companies may try to use your preexisting injury as an excuse to deny a claim or push for a smaller settlement. They may try to argue that the injuries would have occurred regardless of the accident.

Bearing that in mind, there are ways in which you can protect your claim.

• Be Honest – Never try to hide pre-existing conditions; it can damage your credibility.
• Document Everything – Keep thorough medical records before and after the injury.
• Take photos - Of your injuries and property damage, if possible. Do not rely on insurance companies to take good photos. A picture can say 1,000 words.
• Work With Medical Providers – Physician statements and medical expert opinions are often crucial.
• Hire an Attorney – Especially one familiar with the complexities of Ohio personal injury law.

At Lardiere McNair & Stonebrook Ltd., LPA, our experienced attorneys will ensure your case is handled fairly so you can focus on your recovery. We will build a strong case and help you gather critical evidence, such as medical records, diagnostic tests, and reports from treating physicians to prove that:

• The accident caused a new injury and/or aggravated a pre-existing one.
• The aggravation led to additional treatment, pain, or limitations.

If you are faced with a personal injury claim, particularly one that involves a pre-existing injury, call Lardiere McNair & Stonebrook Ltd., LPA, (614) 534-1355 and schedule a free consultation.

Aline De Albuquerque Wright is a Paralegal at Lardiere McNair & Stonebrook, Ltd., LPA.

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