The thin skull rule is not to be confused with the related crumbling skull rule in which the plaintiff suffers from a detrimental position (from a prior injury, for instance) pre-existent to the occurrence of the present tort. In simple terms, the rule says you must take the victim as you find them and cannot speculate about what might have happened if the victim did not have a condition that predisposed them to a severe injury. A couple of days after the collision, you start to feel horrible pain that shoots down your leg. This rule provides that a defendant is liable for the full damage caused to an unusually susceptible or fragile plaintiff, even if the extent of damage would be less in a 'normal' person. This is where things tend to become much more complicated. Law is defined in the Concise Oxford Dictionary as a rule or system of rules recognised by a country or community. Our academic writing and marking services can help you! A tortfeasor must take his victim as he finds him (Smith v Leech Brain & Co Ltd [1962] 2 QB 405). ? An oft-cited example of a plaintiff whose injuries are covered by the eggshell plaintiff or Thin Skull Rule is one who suffers from hemophilia. The chalk thrower is liable for her losses. Gulisano Law, PLLC. The issues in this case concerned whether the employers could be liable for the full extent of the burn and cancer that had developed as a result or would a persons predispositions matter in the award of damages. 13, 2009) (Because a tort-feasor takes his victim as he finds her, [the victims] anemia is relevant to the issue of damages, and thus this evidence is not excluded.). 1 By JusCorpus Blogs March 4, 2022 INTRODUCTION The eggshell skull rule refers to holding the negligent party (or the tortfeasor) liable to pay damages for the harm suffered due to his act by the person who had a pre-existing vulnerability which the defendant was unaware of. What Burden of Proof Governs Texas Personal Injury Lawsuits? But the force used against him by the swarm of deputies accelerated his death; how soon he would have died from causes unrelated to the use of that force is relevant only to damages. Id. If a defendant negligently causes the injury of someone else, then they are responsible for . The medical expert explains the extent of the connection between the injuries and an accident or another injury event. Luckily, the seatbelt lock engaged and held you in place, so you did not hit your head on the steering wheel or the back of your seat. Nowadays, [], If youve suffered a personal injury that wasnt your fault and you need to file a civil lawsuit to get the compensation you deserve, sooner or later you will likely have to provide your personal testimony in a deposition. The eggshell skull rule, or eggshell doctrine to some, applies to accident victims who have either pre-existing medical conditions or physical limitations. The impact of the collision clearly caused their fractures. The Eggshell Plaintiff Rule. The name comes from the analogy of a plaintiff having a skull as . The eggshell skull rule, or "eggshell doctrine" to some, applies to accident victims who have either pre-existing medical conditions or physical limitations. According to this rule, the at-fault person in an accident is liable even when a pre-existing condition makes the victim more susceptible to harm. 2008). He developed a rare psychological condition known as Ganser Syndrome. Our legal team knows how to apply courtroom experience and legal expertise to combat the insurers unfair tactics. A case heard by the Indiana Supreme Court explains that the Eggshell Skull Rule (as it applies to personal injury claims) means the at-fault party in the claim takes his victim as he finds him.. eggshell skull doctrine: A rule that holds a tortfeasor liable for all consequences resulting from a tortious and/or negligent act that led to the injury of another person, regardless of whether the victim was unusually susceptible to harm. "You have an excellent service and I will be sure to pass the word.". The History of law. While being treated for his injuries, his injuries were exacerbated by the negligent medical treatment of the appellant, Mahony. We are available any time, day or night, at (855) 326-0000. More Focus and Attention to Each Matter than the Small Firms. This website should not be taken as legal advice. To illustrate this point, imagine a scenario where someone with hemophilia is walking down the street with a friend without the condition, when they are both suddenly and simultaneously cut by a falling piece of glass from an office building above, and sustain the same injuries. FREE CONSULTATION. With the eggshell doctrine, the man sees fair compensation for the harm he suffers. The Eggshell Skull Rule bears witness to the resilience of language, love, and a heart that throbs: "Alive alive alive." Jennifer Martelli, author of The Uncanny Valley and After Bird Amy Strauss Friedman's poetry evokes Janus, a god who gazed simultaneously at past and future. The question of liability was whether the defendant could reasonable foresee the injury. If this is the difficult position you find yourself in, you need an experienced personal injury lawyer on your side. Have a question about your specific case? The eggshell skull rule, also known as the thin skull rule, says that the frailty, weakness, sensitivity, or feebleness of a victim cannot be used as a defense in a personal injury claim. Thankfully, Texas law applies the Thin Skull Rule, and you should be compensated for the full extent of your injuries, regardless of your medical condition. 2d at 943. to some, applies to accident victims who have either pre-existing medical conditions or physical limitations. This field is for validation purposes and should be left unchanged. 08-20931-CIV, 2009 WL 10667070, at *6 (S.D. At first glance, this might seem straightforward. The abstract goal of any personal injury lawsuit is to seek justice by holding a party accountable for the harm their negligence has inflicted upon another person. Finally, even with the best case, sometimes awards can be reduced because of pre-existing conditions, even if you meet the conditions for the eggshell skull rule. While there was a difference in medical opinions in respect of how long such a soft tissue injury like the one sustained by the Plaintiff would be expected to last, this case demonstrates the application of the "eggshell skull" rule, which provides that a tortfeasor is liable for the consequences of his negligent actions, even if the victim . Moreover, we fight to ensure you receive the medical care you need as well as the compensation you deserve. Contact our firm today to schedule a confidential and free case evaluation. However, applying this rule often complicates cases. Better Legal Talent and Quality Work than the Large Firms. A Fathers Rights in Texas: Know Your Rights, 10350 Richmond Ave. Suite 450 Houston 77042. This is especially true when your case involves the eggshell skull rule. $4,000,000 SEMI-TRUCK ACCIDENT SETTLEMENT. In simple terms, the rule says you must "take the victim as you find them . Co-morbidities have always complicated workers' compensation cases by prolonging treatment and increasing costs. When careless or intentional acts cause you harm, we are your advocates. The Eggshell Skull Rule requires at-fault parties to take claimants as they are found. My word against your word scenarios happen all the time after auto accidents, especially when there are few other witnesses at the scene. Note, however, that the defendant, his attorney, or his insurance company might try to play your disability against you during settlement negotiations or to intimidate you out of filing a lawsuit. If a car crash or another accident aggravates your pre-existing injury or condition (or leads to a more severe injury than the typical person would suffer), you should immediately contact a personal injury lawyer. The negligent party cannot use the pre-existing condition of a victim as a defense to limit liability. The experienced Indiana personal injury attorneys at Blackburn Romey are well equipped to skillfully advocate for a favorable claim resolution that carefully addresses your pre-existing condition. So if you kick someone and unbeknownst to you he has a serious infection at the spot in which you kick him and as a result he dies of septicemia, you are fully liable for his death even though you could not have foreseen such a consequence from the kick. Richman v. Sheahan, 512 F.3d 876, 884 (7th Cir. eggshell-skull rule. This applies to any degree of harm the victim suffers that aggravates an existing condition or injury. at 94344 (emphasis added). However, when your percentage of fault rises to 51% or higher, Texas law prohibits you from recovering any damages whatsoever. explains that the Eggshell Skull Rule (as it applies to personal injury claims) means the at-fault party in the claim takes his victim as he finds him.. Introduction. We pride ourselves on our aggressive litigation approach and our goal of obtaining maximum compensation for every client. The answer lies in what is known as the Eggshell Plaintiff doctrine. Your current browser may not support copying via this button. In other words, when a plaintiff is more susceptible to injury, the defendant (at-fault party) can still be liable for their damages, even if the accident would not have injured an average person. In scenarios like these, retaining a tough, experienced personal injury attorney is invaluable in making sure that you are compensated fairly for your injuries. This legal doctrine does not shift the burden of proof to the defendant, because under this doctrine the eggshell plaintiff still must prove the nature and probable duration of the injuries sustained. During the transport to a hospital, the ambulance collides with another vehicle. This reduces the compensation of the victim by the percentage of fault they share. Its much harder to explain how the emotional trauma of a crash worsened your anxiety or depression. The Eggshell Plaintiff Doctrine in Illinois. The "eggshell skull" rule famously stipulates that the tortfeasor takes his victim as he finds him, which means in practical terms that the defendant remains liable for all injuries that he caused in a susceptible plaintiff who had preexisting vulnerabilities. If a tortfeasor inflicts a graver loss on his victim than one would have expected because the victim had some pre-existing vulnerability, that is the tortfeasor's bad luck; you take your victim as you find him. The eggshell skull doctrine, also referred to as the eggshell plaintiff rule, is a legal theory that holds an individual legally liable for the full extent of damages sustained by a plaintiff, even if the degree of harm suffered was more than what would typically be suffered by the average person. 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