There are some very important things you should know if you currently are a plaintiff with diabetes (or in case you are ever a plaintiff in the future). Let's take the following situations as example: Someone ran into your car this morning causing some minor injuries to your neck and you got so worked up over the injuries that your glucose levels raise enough to require an emergency doctor’s visit. Another example, might be that the accident injured your arm where your pump is located and you need a new pump. In this case, you may be wondering if you can get the person who caused the accident, or their insurance company, to pay for these? Well, the answer as usual is a maybe. Let me explain.
First, can you claim for any damages at all? Let’s assume the other party is clearly at fault for the accident. Most states have comparative negligence, which says you may only claim a percentage of your costs equal to the amount the other party is at fault.
Some states have contributory negligence which means if the accident was at all your fault, even a very small percentage your fault, you may not be able to claim at all. However, these states also have the Doctrine of Last Clear Chance which may still allow individuals who may have been slightly at fault to still claim damages from the other party.
Second, did you have any damages, or out-of-pocket medical costs. In almost all circumstances, the victim must have documentable out-of- pocket costs, known as damages, resulting from the accident. These can be doctor visits or other expenses such as replacement of physical items or intangible costs such missing work to take care of medical issues.
You can claim all costs you incur because of the accident, even those costs that you only incurred because you have diabetes. The Eggshell Skull Rule, dictates that a person that injures another person must “take the victim as they find them.” Damages are not discounted by any pre-existing vulnerabilities. Any costs claimed by a victim may be excluded for a variety of reasons, however, costs relating to you having diabetes cannot be excluded simply because a person without diabetes would not have incurred such costs. Once out of pocket costs are proven then there are several ways to raise the amount recoverable including pain, suffering and other second tier effects.
So if someone causes damages to your body, you may include the additional costs that are caused because you have diabetes. These may be recoverable under the Eggshell Skull Rule.
Note: This is not legal advice. I'm not your attorney. This type of claim is covered under State law and not Federal law, therefore, law that applies in the State where the injury occurred is what applies to your case. This provides general information and a start in deciding what to tell your lawyer