The eggshell skull rule is a long-standing legal principle that plays an important role in personal injury claims. Under this rule, defendants are potentially liable for any harm they cause to someone even if the person injured had an underlying, possibly fragile condition making them more susceptible to being hurt.
Essentially, the defendant is liable for all harm caused by an accident, even if it’s more than what they would expect an average person to have experienced.
Examples of Cases Where the Rule Applies
In personal injury law, the Eggshell Skull Rule is applicable across numerous case types. Consider the following examples:
Car Accident Case
If someone with osteoporosis is rear-ended in a car accident and suffers more severe fractures as a result compared to what might be expected with an average healthy person, this rule would allow the injured party to recover for the full extent of their injuries, despite their pre-existing condition.
Slip and Fall Case
Similarly, in a slip and fall incident where a victim has a pre-existing medical condition that exacerbates or complicates recovery from an injury sustained during the fall, they would be eligible to receive compensation for all injuries related to the slip and fall accident.
In each scenario, defendants cannot argue they’re responsible only for damage any ‘normal’ person would have endured.
Proving Your Case Under the Eggshell Skull Rule in Texas
To establish a viable claim under this legal doctrine, you’ll need to present comprehensive evidence and solid arguments. Here are some of the things you should gather with the help of your lawyer:
Medical Records: Your past medical history will almost certainly be brought up by the defense, so make sure you have detailed and current medical records from after the accident that show how your past health status has been further compromised due to someone else’s actions.
Expert Testimony: In many cases, expert witnesses like physicians or accident reconstruction analysts are key in demonstrating how an event aggravated your pre-existing conditions. They can provide a professional opinion on the nature of your injuries, linking them to the accident and establishing that even though you had prior medical issues, the damages incurred are directly related to and exacerbated by the defendant’s actions.
Successfully navigating a personal injury case under the eggshell skull Rule in Texas rests on presenting strong evidence and persuasive arguments.
The Importance of Working With a Personal Injury Lawyer
If you file a claim and you have pre-existing conditions, you will face numerous challenges. It can sometimes be difficult to convincingly demonstrate that someone else’s actions were the primary catalyst for worsening your existing conditions, and not the natural progression of your pre-existing health issues.
A personal injury lawyer can be instrumental in handling these complex claims – they understand how to gather necessary evidence and craft arguments that shine a light on how someone else’s actions have negatively impacted your pre-existing conditions. Their expertise can make a significant difference in the outcome of your case and could be the difference between receiving nothing and receiving what you’re truly owed.
Make sure you reach out to a personal injury lawyer to ensure you get everything you’re entitled to so you can focus on your recovery. Contact us today to schedule a free consultation.