How Does the Eggshell Skull Rule Affect My Injury Claim?

 Posted on September 25, 2024 in Personal Injury

You probably know that if you are injured in an accident caused by someone else’s intentional act or negligence, you may qualify for compensation through a personal injury claim. You might not know, however, that insurance companies do everything they can to avoid paying claims. One of their favorite sayings that your injuries were a pre-existing condition, so they are not liable.

Sometimes called the papier-mache plaintiff rule or the thin skull rule, the eggshell skull rule is a legal doctrine that refutes the pre-existing condition argument. What is this funny-sounding rule, and does it apply to your case? What impact could it have on your settlement? A knowledgeable lawyer from Law Office of John J. Garvey, III can answer these questions during your free consultation.

What Is the Eggshell Skull Rule?

No, it is not a legal doctrine based on Humpty Dumpty’s demise. An illustration may help you understand the concept. Suppose there are two eggs, side by side. One has a shell of average thickness, but the other is extremely thin and fragile. A visual inspection cannot reveal which is which. You gently tap both eggs; one breaks, but the other remains solid.

Now, we will use that same concept for accident victims. Some people have pre-existing conditions, or "thin skulls," that may make them more susceptible to injury. An accident that would not injure other people could cause severe injuries to those with pre-existing conditions.

Although the at-fault party had no way of knowing that the victim’s injuries might be worse than others, they may still be held liable for the full extent of the victim’s damages. The supposition in these cases is that you must consider the victim’s condition as it existed immediately before the injury incident. Examples where the eggshell skull rule might apply include:

• Someone with a weak neck who is injured in a rear-end collision, causing a spinal cord injury that leaves the victim paralyzed

• A motorcycle accident victim who bleeds easily suffers organ damage

• A person with brittle bones who sustains multiple fractures from an assault

• An elderly person with fragile skin who is bitten by a dog, leading to extensive soft tissue damage

In these and similar situations, the average person’s injuries probably would not have caused as much damage. The eggshell skull doctrine is complex, and liable insurers hope you are unaware of it. They will likely try to minimize or deny your compensation, but your experienced attorney from Law Office of John J. Garvey, III will not let them get away with treating you unfairly.

Call Our Santa Clara County, CA Personal Injury Lawyer Now

Most people do not know how to deal with liable insurance companies effectively, often accepting low settlement amounts that do not cover their losses fully. At Law Office of John J. Garvey, III, we have 45+ years of successful case results, and we will steadfastly advocate for your best interests. Call 408-293-7777 for your free consultation with our highly effective San Jose, CA catastrophic injury attorney. If we do not recover monetary compensation for you, we will not charge legal fees.