Personal injury cases can be complex, especially when the injured person has a pre-existing condition that makes them more susceptible to harm. In Ohio, the Eggshell Skull Rule plays an important role in ensuring that accident victims are fully compensated, even if they were more vulnerable to injury than the average person.
The Eggshell Skull Rule, also known as the "eggshell plaintiff doctrine," is a legal principle stating that a defendant is fully responsible for the injuries they cause, even if the victim had a pre-existing condition that made their injuries worse. This means that a negligent party cannot argue that a victim deserves less compensation simply because they were more prone to injury.
For example, if a car accident causes a minor back strain to a healthy individual but results in severe spinal damage for someone with a pre-existing back condition, the at-fault driver is still responsible for the full extent of the harm suffered by the injured party.
Understanding how the Eggshell Skull Rule applies in Ohio can help personal injury victims protect their rights and receive the full compensation they deserve. Below, we explore the legal foundations of this rule, how it impacts personal injury lawsuits, and what victims should know when pursuing a case.
Legal Basis of the Eggshell Skull Rule in Ohio
1. Ohio Negligence Law
Personal injury claims in Ohio are generally based on negligence, meaning that the injured party must prove the following elements:
- The defendant had a duty to act with reasonable care.
- The defendant breached that duty through negligent actions or omissions.
- The breach directly caused the victim’s injuries.
- The victim suffered actual damages, such as medical expenses, lost wages, or pain and suffering.
Under Ohio law, once negligence is established, the defendant is liable for all resulting injuries—even if the victim had a pre-existing condition that made them more susceptible to harm.
2. How the Eggshell Skull Rule Protects Victims
The Eggshell Skull Rule prevents negligent parties from using a victim’s medical history as a defense to reduce their financial liability. It ensures that victims are compensated for their actual injuries, rather than what might have happened to a healthier individual under the same circumstances.
This rule is especially important for people with conditions such as:
- Osteoporosis or brittle bone disease
- Heart conditions
- Previous concussions or brain injuries
- Spinal disorders or degenerative disc disease
If an accident worsens any of these conditions, the at-fault party is fully responsible for the aggravated injuries.
How the Eggshell Skull Rule Impacts Personal Injury Claims
1. Full Compensation for Aggravated Injuries
Victims with pre-existing conditions can recover compensation for all new injuries and the worsening of previous conditions. This can include:
- Medical bills (emergency care, surgeries, physical therapy, prescription medications)
- Lost wages and reduced earning capacity
- Pain and suffering, emotional distress, and loss of enjoyment of life
- Permanent disability or long-term care costs
2. Defendants Cannot Use Pre-Existing Conditions as an Excuse
Insurance companies and defense attorneys often try to minimize payouts by arguing that the victim’s injuries were due to a prior condition, not the accident. However, the Eggshell Skull Rule blocks this argument, making it clear that the defendant is responsible for all resulting harm.
3. The Importance of Medical Evidence
Victims should work closely with medical professionals to document how their injuries worsened due to the accident. Strong medical evidence can help establish:
- The condition of the victim’s health before the accident
- How the accident caused new injuries or aggravated pre-existing ones
- The extent of necessary medical treatment and long-term care
Challenges in Proving an Eggshell Skull Case
Although Ohio law protects personal injury victims under the Eggshell Skull Rule, insurance companies often challenge claims by arguing that a victim’s injuries were inevitable due to their pre-existing condition. To strengthen a claim, victims should:
- Seek immediate medical attention after an accident
- Maintain detailed records of all medical treatments and doctor evaluations
- Work with an experienced personal injury attorney to build a compelling case
Ohio’s Comparative Negligence Rule and Its Impact
Ohio follows a modified comparative negligence system. This means that if a victim is found partially responsible for their own injuries, their compensation is reduced by their percentage of fault. However, the Eggshell Skull Rule still applies—if the defendant was negligent and worsened the victim’s condition, they remain liable for the full extent of that harm.
An example might be: If a court determines a victim was 10% at fault for an accident but suffered aggravated injuries due to the defendant’s negligence, the defendant is still liable for 90% of the damages.
Victims can still recover compensation as long as they are not more than 50% at fault for the accident.
Call Brandon J. Broderick for Legal Help
Navigating Ohio personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.