Imagine cruising down a highway on a clear, bright day. You stop your vehicle at a red light. Then, out of nowhere, you experience a sudden blow from your car’s rear.
You were rear-ended. Fortunately, the seatbelt lock engaged and secured you, preventing you from hitting your head on the back of your seat or the steering wheel.
Most people might suffer whiplash or other temporary discomforts if this happens. But if you have a brittle bone syndrome, this slight rear-end collision may result in excruciating pain, severe bone fractures, considerable medical care, and lost wages.
Is the motorist who caused the accident liable for all your injuries even if you were hurt so badly, partly because you are more vulnerable to injuries than ‘normal people’?
The simple answer is yes, because of a recognized legal principle known as the ‘eggshell skull rule.‘
If you are unfamiliar with this principle, read on to find out how it could apply to you and how Portsmouth car accident attorneys can support your claim.
What Is the Eggshell Skull Rule?
The eggshell skull rule is a common-law principle that states that a person whose negligence harms another person cannot use that person’s vulnerability to dodge responsibility.
The person who caused the accident is responsible for your damages even if your injuries worsened because you were already weak, fragile, or ill at the time of the crash.
The Wisconsin Supreme Court was one of the first courts to proclaim the eggshell skull rule in 1891. The eggshell skull rule came from an intentional tort when a child kicked another in the shin, unaware that the victim had a tibia infection.
The child lost complete use of their limb because the kick prevented them from recuperating.
The court decided that the kid who kicked the other was responsible for the full scope of the injury even though he was unaware of the other kid’s predisposition for injury.
The legal principle derived its name from a 1901 English case in which a family brought a wrongful death claim after a loved one passed away after a minor head trauma.
The victims had thinner skulls compared to the average person. The court ruled that the family should still be allowed to recover even if a typical individual with a stronger skull may only have sustained a bump.
Understanding The Eggshell Skull Rule
You may comprehend the eggshell skull rule better if you learn about the origin of the name. The philosophy compares an accident affecting two separate victims.
One victim’s skull is as thin as an eggshell, whereas the second victim’s skull is normal.
In this analogy, a person with a fragile skull will sustain more serious wounds than a healthy one. Even a minor mishap might result in death for the eggshell skull sufferer (an egg would crash even in a low-speed fender bender).
However, the at-fault party must compensate both victims for their damages since they wouldn’t have sustained their injuries without the responsible party’s actions. So, the feebleness of the victim does not reduce their damages.
The Eggshell Skull Rule in Car Accident Context
The eggshell skull doctrine applies in many ways in a car accident scenario. Here are a few examples of these cases.
Pre-existing injury
If you have pre-existing injuries from an accident and get into a car accident, your initial injuries are likely to worsen. For instance, a minor fracture in the leg may develop into a compound fracture if you are involved in a vehicle accident.
The at-fault party must cover your damages resulting from a compound fracture in this situation. The defendant can’t claim that you would have suffered a minor fracture if you had no pre-existing injuries.
So, your pain and suffering damages, lost income, and medical expenses must all be equivalent to the cost of a compound fracture.
Pre-existing medical condition
Your fragility doesn’t have to be the aftermath of an accident. Anything that increases your risk of injury compared to the average person qualifies.
Therefore, even if you have a medical condition that makes you more likely to sustain injuries in a car accident, the at-fault party is still responsible for paying for your damages.
Osteoporosis is a good example of such pre-existing health problem. Osteoporosis gradually decreases bone mass, increasing your likelihood of sustaining a bone fracture.
That means if you have osteoporosis and get into a car accident, your risk of a bone fracture is higher than someone with no medical issue.
But the responsible party must still pay for your injuries despite your osteoporosis. The defense can’t claim that you wouldn’t have suffered the fractures if you didn’t have osteoporosis.
The insurance companies liable for the injuries in personal injury lawsuits may still refuse to compensate the injured party, even with the eggshell skull rule enforced. For this reason, you must have the support of an experienced Portsmouth car accident attorney.
What Are the Factors in Determining if the Eggshell Skull Rule Can Be Applied in a Case?
In a personal injury lawsuit in New Hampshire, your medical records will help prove that your pre-existing injury made you more vulnerable to serious injuries in a vehicle accident than the average person.
These documents and medical professional testimony will demonstrate the existence of your prior injuries.
Jury instructions are equally important in a trial. You, the plaintiff, and your personal injury attorney must ask the court to inform the jury of the eggshell skull rule at the start of the hearings.
One important factor is that you can’t file a lawsuit for deteriorating an existing injury. Instead, you must establish that you are more vulnerable to new injury than the ordinary person because of your pre-existing condition and associated fragility.
The alleged injury must be the outcome of causation, not deterioration. For instance, the eggshell skull rule cannot be used if an automobile accident exacerbates a pre-existing neck injury.
However, it can apply if you have the brittle bone syndrome, making you more prone to fractures than a typical person.
Does the Eggshell Skull Rule Apply to Emotional Injuries?
Absolutely yes. The eggshell skull rule applies to emotional injuries. Victims are eligible for compensation for pain and suffering and any other non-economic damages resulting from a car accident.
Injuries sustained in an accident can cause both bodily and psychological suffering. Certain victims may be more prone to emotional stress than the average person.
These victims may have pre-existing mental health issues that render them susceptible to other illnesses.
For instance, a person may be more likely to acquire severe post-traumatic stress disorder (PTSD) from a vehicle accident if diagnosed with depression or anxiety.
The Eggshell Skull Rule Differs from the Crumbling Skull Rule
The eggshell skull principle is subject to various restrictions. The crumbling skull rule states that the defendant has no obligation to place the victim in a better position than before the accident.
Instead, their legal obligation is to put the plaintiff back in the same place they were before the car accident.
That means the defendant would only be responsible for the medical costs required to remediate the harm caused by the accident, not to fix the pre-existing illness in the first place completely.
This explains why insurance firms try to create confusion in eggshell skull cases. They frequently assert that the compensation you request would be a jackpot for you as it will improve your condition.
You would need the assistance of an expert Portsmouth car accident attorney to prove your damages and demonstrate that you’re asking for money that would put you back in your pre-accident state.
What Are the Complications of the Rule in Portsmouth?
The eggshell skull rule states that regardless of how unanticipated the plaintiff’s injuries may be, the at-fault party is still liable for them.
According to this rule, the defendant must acknowledge the plaintiff’s existing condition as it is. However, the biggest challenge is drawing the limit for damages.
Pre-existing problems could muddle and blur the extent of the defendant’s financial obligation to pay. How much, for instance, will enable the plaintiff to return to their pre-accident state?
The defendant’s insurance provider and defense counsel will often try to claim that the injuries are merely a progression of the disease and not new harm.
In essence, the insurer contends that the plaintiff is less qualified for reimbursement due to the pre-existing fragility, while the plaintiff contends that the eggshell theory increases their eligibility.
Emotional damages present the same problem in an eggshell skull case and can be much trickier.
Although insurers frequently attempt to cite pre-existing mental problems to justify aggravation rather than new symptoms, the defendant will be required to pay depending on the plaintiff’s specific condition.
Having the best attorney on your side can help you fight for the total value of physical and psychological injuries sustained in an accident.
Remember that the eggshell skull rule doesn’t give a plaintiff a greater standard of care. In every personal injury lawsuit, you must still establish negligence by demonstrating that:
- The defendant acted negligently, contrary to how a rational person would have acted in the same circumstances.
- Their conduct caused the accident, and
- The accident caused your injuries.
Instead, the eggshell concept provides further information about the origin of your injury.
Why Hire a Portsmouth Car Accident Attorney?
Eggshell skull cases may become very complex. It might be challenging to develop the relevant arguments to demonstrate that your injury resulted from an existing vulnerability rather than from its aggravation.
Doing this can strengthen your argument, but the opposing side will attempt to make the opposite argument. You must hire a personal injury lawyer to fight for the highest possible compensation in your accident case.
Self-represented individuals typically make less compensation and lose lawsuits more frequently. In fact, research shows that people with legal representation can receive more than three times as much as those who handle their claims alone.
There are two straightforward explanations for this. First, most claimants lack the expertise to demonstrate negligence and support their claims.
Second, the defendant will have the support of their insurance providers and lawyers who have this knowledge. Lawyers can also help you avoid crucial errors.
Insurance firms will try to manipulate, beg, and even threaten you into accepting lowball offers. You risk giving up your right to compensation if you sign such documents.
Your attorney will assist you in filing the necessary documentation and meeting deadlines like the statute of limitations. They can speak with the insurance provider on your behalf, freeing you up to focus on recovering.
Contact an Experienced Personal Injury Lawyer for a Free Consultation
If you’re unsure if the eggshell skull rule applies in your situation, you should get advice from a qualified personal injury lawyer.
Legal Giant works with the best Portsmouth car accident attorneys. Our partner attorneys can help you seek damages for your personal injury, even if you have pre-existing conditions.
Our partner attorneys are familiar with the nuances of automobile collisions and personal injury litigation’s difficulties, including factors like the eggshell skull rule.
Contact us at (855) 740-5024 for a free case evaluation today.
