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The eggshell plaintiff rule says the at-fault party takes the plaintiff as they find them. If a pre-existing condition (degenerative disc disease, prior injury, fragile bone density) means a relatively minor impact caused major damage, the at-fault party is responsible for the full extent of harm — not just what would have happened to a hypothetical healthy person. Georgia recognizes the rule by case law, and it is one of the most important defenses against insurance arguments that try to discount injuries to clients with prior conditions.
Insurance adjusters routinely argue that a plaintiff's pre-existing condition is the 'real' cause of post-accident symptoms — that the disc would have herniated anyway, that the headaches were already starting, that the depression predates the crash. The eggshell plaintiff rule blocks that argument as a matter of law.
What the rule does NOT do: it does not let plaintiffs recover for the pre-existing condition itself. The defendant is responsible for the aggravation, the worsening, and the new injury caused by the impact — not for the original underlying condition.
Documenting the pre-existing condition's prior state — through old medical records, prior imaging, primary care notes — is therefore the foundation of building an eggshell-plaintiff case. The contrast between 'before' and 'after' is what makes the rule operate.
This answer is general legal information, not specific legal advice. Pereira & Associates can review your particular facts in the free consultation. Schedule one →
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