Did You Know That You Take Your Victim As You Find Him or Her?
What this means is that you are responsible for all of the harm that you cause someone, even if they suffered a greater harm due to underlying issues, pre-existing conditions or being extra fragile.
If you harm someone, but it’s really not too bad because they are strong with a high pain tolerance, then they are not harmed too badly and their damages may not be too high.
On the other hand, if you harm someone, and it’s worse than it would be for others because your victim is extra fragile or has a low pain tolerance, then their damages may be higher, even though part of their disability and pain may be attributed to their pre-existing conditions, frailties and low pain tolerance.
The reality is that we’re all different, we all handle injuries differently, we all respond to medical care differently and we all have different thresholds for disability. So under the law in Connecticut, if your negligence harms someone, you are responsible for the results, even when the results are worse, or extra bad, due to the victim being more fragile than ordinary.
Just some food for thought.
And remember, if you know a fragile person injured due to negligence, they should still speak with an experienced personal injury attorney because their frailties and pre-existing conditions do not rule out a possible case.