Can I Claim Wrongful Death With Pre-Existing Conditions?

 Posted on July 31,2024 in Wrongful Death

If someone dies as a result of another person’s willful act or negligence, it could be classified as a wrongful death. The victim’s family may be able to bring a wrongful death claim against the defendant and collect significant compensation for damages. The damages claimed in a wrongful death case are usually higher than those claimed for other personal injuries. This is because the loss of a relative can cause other losses, like the loss of intimacy and companionship a wife experiences when her husband dies. Such damages are referred to as non-economic damages.

But what if the victim suffered from a pre-existing condition that may have contributed to the death? Is it still entirely the defendant’s fault? Can the deceased’s relatives still claim compensation for damages? Read on to find out the answers to those questions below. Keep in mind, however, that an Illinois personal injury attorney is the best legal resource for questions about your specific wrongful death case.

The Eggshell Skull Rule

The eggshell skull rule, also referred to as the thin skull rule or the eggshell-plaintiff rule, is a legal principle that says a defendant is not less liable just because the victim had a pre-existing condition. It supposes that even if the victim’s skull was thin as an eggshell and was damaged by the defendant’s actions, the defendant cannot blame the injury on the fragility of the victim’s skull. The plaintiff, or victim, is to be accepted as he or she appears at the time of the incident, without taking previous injuries into account. The defendant, therefore, is responsible for the full extent of the injury.

Causation

If the facts allow, the defendant may use the pre-existing condition to argue that he or she did not directly cause the death. Causation is one of the necessary components of negligence that a plaintiff must prove. These elements include:

• Duty of care: The defendant had a duty to take reasonable care to avoid injuries.

• Breach of duty: The defendant violated that duty.

• Causation: The defendant’s action directly caused the plaintiff’s injury.

• Damages: The plaintiff suffered damages as a result of that injury.

If the defendant can prove that it was the victim’s pre-existing condition and not the negligent action that directly caused the death, he or she may not be liable for damages. The best way to counter that argument is with strong and compelling evidence that proves the defendant caused the death, even if a pre-existing condition was involved. 

Contact a Waukegan, IL Wrongful Death Attorney

The defendant’s legal defense and/or the insurance company will use a pre-existing condition to try to reduce fault and liability, if not avoid them altogether. Make sure you are represented by an aggressive Lake County, IL wrongful death lawyer who will skillfully counter such claims. The legal team at Salvi & Maher, LLP is ready to provide you with unparalleled legal representation and services, so schedule a free consultation by calling 847-662-3303 today.