In Arizona, the ‘eggshell plaintiff’ rule ensures that individuals with pre-existing conditions receive full compensation for injuries caused by another’s negligence. This legal doctrine holds that a defendant must take the plaintiff as they find them, meaning they are liable for the full extent of the harm caused, even if the plaintiff’s pre-existing condition made them more susceptible to injury.
In the case of Yanes v. Maricopa County, the Arizona Court of Appeals reaffirmed the application of the ‘eggshell plaintiff’ rule. The court stated that an accident victim’s predisposing susceptibility does not relieve a negligent actor of responsibility for the injuries their negligence precipitates. This case underscores the importance of this doctrine in Arizona law. [Source: Yanes v. Maricopa County]
Arizona courts have consistently upheld the ‘eggshell plaintiff’ rule. In Gasiorowski v. Hose, the Court of Appeals emphasized that a defendant is liable for the full extent of a plaintiff’s injuries, even if the plaintiff had a pre-existing susceptibility to injury. This means that if an accident exacerbates a prior condition, the responsible party cannot use that condition to diminish their liability. [Source: Gasiorowski v. Hose]
In Arizona, the statute of limitations for personal injury claims is generally two years from the date of the injury, as outlined in A.R.S. § 12-542. It’s crucial to file your claim within this timeframe to preserve your right to compensation.
If you’ve been injured and have a pre-existing condition, it’s essential to consult with experienced personal injury attorneys who understand the nuances of Arizona law. At Hirsch Talcott, attorney Jack Hirsch, a Certified Specialist in Personal Injury and Wrongful Death, and attorney Chelsie Talcott, a former Maricopa County Deputy Public Defender, are dedicated to advocating for your rights. We operate on a contingency fee basis, meaning you pay no fees unless we win your case. Learn more about our fee structure.
Don’t let a pre-existing condition deter you from seeking the compensation you deserve. Contact Hirsch Talcott at 602-903-6000 for a free consultation.
