Podcast
Questions and Answers
What is an example of an eggshell plaintiff?
What is an example of an eggshell plaintiff?
- If plaintiff suffers a fracture in the same bone that already suffered a fracture.
- If the plaintiff has a condition (e.g. kidney failure or osteoporosis) and suffers a fracture with a minor impact. (correct)
- If a plaintiff suffers a fracture two months after the accident.
- Undefined
Why is the mechanism of injury important?
Why is the mechanism of injury important?
- It will help with liability.
- It may help clear causation. (correct)
- It will identify specific body parts injured.
- It will explain why PD is low.
When the vehicle is a total loss, we don’t need an undercarriage inspection.
When the vehicle is a total loss, we don’t need an undercarriage inspection.
- Correct
- Incorrect (correct)
- Undefined
- Undefined
The mechanism of injury does not apply in premises cases because there’s no property damage involved.
The mechanism of injury does not apply in premises cases because there’s no property damage involved.
Which of the following is more important:
Which of the following is more important:
The case should be addressed by severity of the PD
The case should be addressed by severity of the PD
Aside from frame damage, mention at least one other portion that could have a high energy impact:
Aside from frame damage, mention at least one other portion that could have a high energy impact:
We should only ask about relevant medical conditions that could be related to the accident
We should only ask about relevant medical conditions that could be related to the accident
Claiming exacerbation or eggshell plaintiff will always have a negative impact in your case.
Claiming exacerbation or eggshell plaintiff will always have a negative impact in your case.
When we have high injuries and low property damage we should always consider:
When we have high injuries and low property damage we should always consider:
Flashcards
Eggshell Plaintiff Example
Eggshell Plaintiff Example
A plaintiff with a pre-existing condition, like kidney failure, who suffers a fracture from a minor impact.
Mechanism of Injury Importance
Mechanism of Injury Importance
Helps determine if there's a clear causal link between the accident and the injuries.
Total Loss Vehicle Inspection?
Total Loss Vehicle Inspection?
Undercarriage inspection is still needed, even if the vehicle is totaled.
Mechanism of Injury in Premises Cases?
Mechanism of Injury in Premises Cases?
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Report Priority: Property Damage (PD)
Report Priority: Property Damage (PD)
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High-Energy Impact Component
High-Energy Impact Component
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Medical Condition Inquiry
Medical Condition Inquiry
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Exacerbation/Eggshell Impact
Exacerbation/Eggshell Impact
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High Injury, Low Property Damage
High Injury, Low Property Damage
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Report Key Information
Report Key Information
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Study Notes
Eggshelled Plaintiff
- An "eggshell plaintiff" describes an individual whose pre-existing vulnerabilities lead to more severe injuries from an incident than what might typically be expected.
Mechanism of Injury
- The mechanism of injury outlines how an injury occurred, which is crucial for establishing causation and evaluating the extent of damages.
Vehicle Total Loss
- When a vehicle is deemed a total loss, an undercarriage inspection is unnecessary as the vehicle is not being repaired.
Premises Cases
- In premises liability cases, the mechanism of injury is not applicable due to the absence of property damage; the focus is on the actions and conditions contributing to injuries.
Property Damage Severity
- The severity of property damage (PD) should guide the approach to the case, ensuring fair evaluation and compensation.
Potential High Energy Impact Areas
- Aside from frame damage, other areas on a vehicle that could sustain high energy impact include the suspension system or engine components.
Relevant Medical Conditions
- It is important to inquire only about medical conditions directly related to the accident to avoid unnecessary complications in claims.
Exacerbation Claims
- Claims of exacerbation or identifying as an eggshell plaintiff can negatively affect the case, as they may raise doubts about the legitimacy of injuries sustained.
High Injuries and Low Property Damage
- Cases involving significant injuries coupled with low property damage warrant careful consideration and investigation, as they may indicate that injuries are disproportionate to the damage observed.
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