There are no two accident victims who are the same. Some people have chronic health issues, injuries that haven't fully healed, and pre-existing medical issues. Legally speaking, an individual's unique situation should not have a negative impact, even if it makes the victim more vulnerable to injury than the general public. This is where the Eggshell Skull Rule comes in. It shields accident victims with pre-existing medical issues from being denied financial compensation due to those conditions.
How does this work when it comes to car accident claims or personal injury cases? Continue reading for more on this topic.
If you are injured in an accident, but suffer from pre-existing conditions, you have legal options. The personal injury attorneys at Brandon J. Broderick, Attorney at Law can help you. Call us today to discuss your case with one of our attorneys to find out how we can help you.
The Eggshell Skull Rule Explained
In a personal injury lawsuit, an insurance company may attribute the severity of your injuries to a pre-existing condition as a defense in an attempt to avoid paying damages. A medical condition or history will not prevent you from being able to recover financial losses, via the Eggshell Skull Rule. According to the Eggshell Skull Rule, even if the victim had a medical condition that made them more vulnerable to injury, the defendant in a personal injury action will still be liable for the injuries that are caused in an accident.
The Eggshell Skull Rule got its name from an illustration of a hypothetical person with a medical problem that makes his skull as thin and delicate as an eggshell, which is commonly used to teach this doctrine in law school. Because of his medical condition, this man's skull and brain would be more seriously injured in an accident than others. The Eggshell Skull Doctrine says that even though the average plaintiff would not have experienced the same degree of injury as the person with the eggshell-thin skull, the person who caused the accident will be held financially liable for the actual damages inflicted.
How Does The Eggshell Skull Rule Affect Personal Injury Claims?
The Eggshell Skull Rule may be applicable in a personal injury claim where a plaintiff suffers from a pre-existing medical condition before the accident occurred, but is offered less money from the insurance company. The rule will protect the victim from discrimination. It holds the liable party responsible for all damages that occurred due to their negligent behavior, even if those damages were not reasonably foreseeable and were made worse by the victim's pre-existing condition.
You must remember that an accident victim cannot seek compensation for an injury or illness they suffered prior to the accident. The Eggshell Skull Rule doesn't allow the victim to be compensated for an unrelated pre-existing injury. In a personal injury claim medical records may be used to differentiate between the two.
Does The Eggshell Skull Rule Include Emotional Damages?
The Eggshell Skull Rule does not apply to emotional damages (pain and suffering), but instead, only physical damages. According to the law, claims for pain and suffering or emotional harm are not covered and the victim cannot hold the defendant liable for any non-economic losses relating to a pre-existing mental health condition. However, this does not imply that the victim will not be entitled to some compensation for non-economic losses brought on by the accident.
Injured in an Accident and Have Questions? Call Today For a Free Consultation
Pre-existing conditions and claims for injuries suffered in accidents can be complicated. This is why it's important to seek legal counsel after an accident to determine what options you have.
The personal injury attorneys at Brandon J. Broderick, Attorney at Law are ready and available to help answer your questions and make sense of your situation. Consider your legal alternatives prior to deciding not to pursue compensation for your accident.
For assistance, contact our office today to schedule a free consultation.