What is the “Eggshell Skull” Rule in Personal Injury Law?

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Imagine you’re involved in an intersection collision that worsens a pre-existing spinal condition. Even if you had no recent issues with your spine, the collision leaves you in excruciating pain and requires surgery and months of physical therapy. Under the eggshell skull rule, the negligent driver is fully responsible for all the harm caused, even though your injuries are more severe due to your prior condition.

Personal injury accidents that commonly involve the eggshell skull rule include:

Car accidents: Even low-speed collisions can cause serious harm to individuals with pre-existing conditions.
Slip and falls: A simple fall might result in severe injuries for someone with bone density issues or balance disorders.
Workplace accidents: Those with prior injuries may suffer more severe consequences from workplace hazards.

What is the eggshell skull rule?

The eggshell skull rule is a legal doctrine in personal injury law that holds a defendant fully liable for a plaintiff’s injuries, even if the injuries are more severe due to a pre-existing condition or vulnerability. This principle asserts that defendants must “take their victims as they find them.” This means they can’t use the victim’s frailty or prior health issues as a defense to reduce their responsibility.

For example, if someone with a brittle bone condition suffers a fracture from a minor fender bender that normally wouldn’t cause such an injury, the responsible party is liable for the full extent of the injury, despite the victim’s susceptibility. This rule ensures that anyone with pre-existing conditions receives fair compensation for injuries exacerbated by another party’s actions.

What pre-existing conditions are commonly involved in eggshell skull rule cases?

Several common pre-existing conditions frequently arise in cases involving the eggshell skull rule, including:

Osteoporosis: People with weakened bones are more prone to fractures from impacts that might not affect others. For example, a minor car accident or fall could result in significant bone injuries for someone with osteoporosis.
Hemophilia: This bleeding disorder can cause excessive bleeding from injuries that would typically be minor. In a personal injury accident, a person with hemophilia might suffer severe blood loss, which leads to serious complications beyond the initial injury.
Previous head injuries: A person with a history of concussions or traumatic brain injuries may experience exacerbated symptoms from subsequent impacts, even if the new injury seems minor.
Chronic back or neck issues: Existing spinal problems can be aggravated by slip and falls or rear-end collisions. This can lead to intensified pain and mobility issues.

What complications arise when applying the eggshell skull rule?

Applying the eggshell skull rule can present several challenges:

Intervening causes

Events occurring after the defendant’s initial negligent act may break the chain of causation. For example, if a victim is injured in an accident and then suffers further harm from an unrelated event, determining liability becomes complicated. In such cases, the original defendant may not be held responsible for the subsequent injuries.

Comparative negligence

When the victim shares some fault for the incident, their compensation may be reduced proportionally to their degree of fault. In jurisdictions like Texas, if a victim is found to be more than 50% at fault, they may be barred from recovering any damages. This requires careful assessment of each party’s contribution to the accident.

Medical evidence challenges

Distinguishing between damages caused by the incident and those stemming from pre-existing conditions can be difficult. Accurately attributing the extent of injuries necessitates thorough medical evaluations and expert testimony, highlighting the importance of legal guidance in such cases.

How do insurance companies challenge the eggshell skull rule?

Insurance companies often employ various strategies to minimize payouts in personal injury cases involving the eggshell skull rule.

Disputing the extent of your injuries

Insurance companies may argue that your injuries stem solely from a pre-existing condition and have nothing to do with the accident you were involved in. They might claim the accident didn’t exacerbate the prior condition and that you’re exaggerating your symptoms.

That’s why it’s important to seek immediate medical attention and get an official diagnosis from a doctor. This not only addresses your injury before it worsens, but it also establishes a clear link between the injury and the incident that exacerbated it.

Also, keep all detailed records of all medical treatments, both before and after the accident. This documentation can demonstrate how the incident specifically worsened your pre-existing condition.

Using delay tactics

Insurance companies often prolong negotiations in hopes that you’ll accept a lower settlement out of frustration or financial necessity. Delays can also make it harder to gather evidence and potentially weaken your case.

To prevent this from happening, get a skilled Texas personal injury lawyer on your side. They can handle all communications with the at-fault party’s insurance company, follow up regularly, and set clear deadlines for reaching a settlement agreement.

Offering lowball settlements

Insurance companies might present quick low settlement offers, betting that you’ll accept less than you deserve to avoid a prolonged legal battle. If you accept a settlement, you won’t be able to pursue additional compensation if further issues from your injury arise.

An attorney can assess your case’s true value and negotiate for the full amount you’re entitled to. This includes compensation for current and future medical expenses, lost income, pain and suffering, property damage, and more.

Surveillance and investigation

Insurance may monitor you to find evidence suggesting your injuries aren’t as severe as you claim. For example, they might use surveillance footage or social media posts to dispute the extent of your injuries.

To prevent this from happening, adhere to all medical and legal advice. Avoid giving recorded statements to insurance adjusters and don’t engage in activities that can worsen your condition or disprove your claim. That includes not talking about your personal injury case on social media or posting pictures showing any activities you’re involved in.

How can an experienced Texas car accident attorney help me?

If you’ve suffered an injury in Texas due to someone else’s negligence, especially if you have a pre-existing condition, you need a strong legal advocate on your side who can help you build a strong case. The Houston personal injury lawyers at Smith & Hassler are experienced at handling cases like yours. Some of our notable case results include:

$3.145 million for a motorcycle crash victim with traumatic brain and orthopedic injuries.
$2.48 million for a worker who suffered traumatic brain injury from a fall at a plant.
$1.38 million for two clients with mild brain injuries and fractures from an 18-wheeler collision.

Our legal team can investigate the incident that made your condition worse. That includes gathering key evidence such as the incident or police report, surveillance footage, witness statements, and other facts.

We can also act as a buffer between you and the negligent party’s insurance company, so they can’t take advantage of you. Our lawyers are strong negotiators and won’t settle for anything less than you deserve. If the insurance companies refuse to settle, we’ll be ready to take your case to trial and fight for a maximum verdict.

Our legal services won’t cost you anything upfront. That’s because we work on a contingency fee basis and don’t get paid unless you’re fully compensated. If you have any questions, our attorneys can provide honest answers during a free consultation. To get started, contact us online or call any of our law offices in Houston or Channelview.

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