What is the Eggshell Skull Rule?

Often times, when people are in minor car wrecks, they may just experience some whiplash or other temporary discomfort, but to someone with brittle bone syndrome, that minor wreck may cause several broken bones, excruciating pain, lost wages, and extensive medical treatment. This begs the question: would the driver who caused the wreck be responsible for all of the injuries, even though the injured party may be more susceptible to injuries than a “normal person?” The answer is yes, due to something known as the “eggshell skull rule” or the “eggshell plaintiff rule.”  

            The eggshell skull rule says that the frailty, weakness, sensitivity, or feebleness of a victim cannot be used as a defense in a personal injury claim. This is helpful for when an at-fault driver’s negligence aggravates a victim’s pre-existing injury or condition. In simple terms, the rule says you must “take the victim as you find them” and cannot speculate about what might have happened if the victim did not have a condition that predisposed them to a severe injury. This rule protects victims from their own vulnerability, something over which they have no control. The eggshell skull rule says the plaintiff bears no fault for their condition and that the defendant must take full responsibility for the injuries he or she caused.

            If a car crash or another accident aggravates your pre-existing injury or condition (or leads to a more severe injury than the typical person would suffer), you should immediately contact an attorney. While you may be able to apply the eggshell skull rule to your claims, the insurance company is going to put up a fight. They may argue that the crash didn’t aggravate your condition at all. They may even try to intimidate you or scare you, hoping you’ll give up your legal claims or accept an unreasonably low settlement. Without an attorney’s legal expertise and guidance, you might not know how to fight back.

            At Paradowski Law, we help people across Texas with their injury claims and lawsuits. Many of these claims involve pre-existing injuries and conditions, from degenerative disc disease to arthritis. Our legal team knows how to apply courtroom experience and legal expertise to combat the insurer’s unfair tactics. If you or someone you love has been injured in a car accident or otherwise hurt by someone else’s negligence, please give us a call at (855) 524-2976