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Samer Habbas Achieves a $405,000 Settlement for an Eggshell Plaintiff in a Motorcycle Accident

Settlement for an Eggshell Plaintiff in a Motorcycle Accident

Irvine, Calif. — Managing Partner, Samer Habbas of the Law Offices of Samer Habbas & Associates settled a motorcycle accident case for $405,000. The plaintiff was on a motorcycle traveling southbound on the 405 freeway, when another vehicle merged into his lane and collided with the plaintiff. 

The impact of the collision forced the plaintiff into the center divider, which caused him to fall off his motorcycle. The plaintiff was transported by ambulance to the nearest medical center, where he was diagnosed with multiple right foot fractures, abrasions to right shoulder, and contusion to left hand.  The client had surgery to repair his fractured foot.

The insurance company initially denied full responsibility for the collision as they argued that our client was traveling at an unsafe speed on his motorcycle while straddling the lane.  Due to a thorough investigation, we were able to debunk their false theories.  

Prior to the accident, the plaintiff had complaints of pain in the bottom of his foot and was diagnosed with plantar fasciitis. As such, the plaintiff is considered to have an “eggshell condition”, which makes his prior condition susceptible to aggravation. The “eggshell plaintiff” rule means the defendant is still liable for all damages, even if the plaintiff suffered more injuries than the average person would have due to their pre-existing condition, or prior injury. 

Our client’s injuries prevented him from being able to wear proper shoes due to pain and has very limited movement of his toes. His daily activities have been set back significantly as a result. The defendant’s insurance carrier took full responsibility for the accident. Habbas was able to settle the matter for $405,000 despite the client having only $38,000.00 in medical bills. 


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