What is the eggshell skull rule in personal injury cases?
The Eggshell Skull Rule is a legal doctrine that states that any individual who causes harm to another cannot use the frailty of the injured individual as a legit defense. Before applying the eggshell skull rule, the following factors are first enacted into consideration that makes the plaintiff vulnerable to harm:
What is the eggshell rule in a car accident?
In the event that a large individual who isn’t paying attention rear ends this individual in their vehicle and they die as a result of their injuries, the eggshell rule (or thin skull rule) states that the person who caused the death is responsible for the resulting damage. Where Does The Eggshell Rule Apply?
What is the eggshell rule in law?
There is an old rule in Law known as the “Eggshell Skull Rule” which basically states that a Defendant in proceedings for Personal Injury must take the Claimant as he finds him. What is eggshell defense?
Can I recover damages if I’m an eggshell plaintiff?
Depending on your percentage of fault, you may be unable to recover the full amount of your damages, even if you are an eggshell plaintiff. In Texas, the law of comparative negligence is called proportionate responsibility.
Does the eggshell skull rule apply to negligence?
The “eggshell skull rule” applies to all negligence and intentional tort cases. Every state uses the eggshell skull rule in cases that involve physical injuries, however, some states also allow the plaintiff to apply the eggshell skull rule to mental conditions.
Does eggshell plaintiff rule apply to intentional torts?
This type of highly susceptible plaintiff is commonly known as an “eggshell plaintiff.” The eggshell-plaintiff doctrine applies to all areas of the law – intentional torts, negligence, strict liability, and criminal law.
What is an eggshell injury?
The answer lies in what is known as the Eggshell Plaintiff doctrine. The doctrine says that a negligent defendant takes the victim as he or she finds the victim–even a victim that is as fragile or delicate as an eggshell. In other words, a defendant may injure someone who is very sturdy, and who heals very quickly.
What is the thin skull rule of damages?
The thin skull rule dictates that defendant must take the victim as he or she is found. There can be no speculation on what damages could have arisen in a car accident or other incident if the victim didn't have a pre-existing condition or had otherwise “normal” health.
What case does the eggshell skull rule come from?
The thin skull rule, also known as the “egg- shell rule”, is a well-established principle in both English tort and criminal law. In Owens v Liverpool Corp [1939] 1KB 394, it was held that “it is no answer to a claim for a fractured skull that the owner had an unusually fragile one”.
How do courts apply the eggshell skull rule?
Susceptible plaintiffs However, this argument is inconsistent with an established doctrine of tort law—the 'eggshell skull' rule. 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.
What is crumbling skull in law?
It holds that where a plaintiff had a condition or injury that predates the tort and would have naturally deteriorated or worsened over time (e.g. a crumbling skull), the defendant is not responsible to the degree that the condition or injury would have naturally worsened over time.
What is an eggshell plaintiff and to what extent is the defendant responsible for his/her injuries?
When a plaintiff can show that his pre-existing condition was made worse because of the defendant's negligence, the law invokes a rule referred to as the “eggshell plaintiff.” This rule says that the defendant must “take his plaintiff as he finds him.” In other words, the defendant in a personal injury case is ...
How do you apply the thin skull rule?
Under the thin skull rule, the defendant must take his victim as he finds him. This means if he has a particularly vulnerable victim he is fully liable for the consequences to them even if an ordinary person would not have suffered such severe consequences.
What is a thick skull rule?
This rule holds that a tortfeasor is liable for all consequences resulting from their tortious (usually negligent) activities leading to an injury to another person, even if the victim suffers an unusually high level of damage (e.g. due to a pre-existing vulnerability or medical condition).
What is the eggshell rule in law?
The Meaning of the Eggshell Skull Rule The Eggshell Skull Rule states that a defendant in a personal injury case will be responsible for the damage caused as-is, even if the victim had a pre-existing condition that made him or her predisposed to serious injury.
What is an eggshell client?
In so holding, the Court characterized the “eggshell plaintiff” rule as follows: a Defendant takes a Plaintiff as he finds her and is responsible for her damages resulting from his negligent conduct even though because of the Plaintiff's preexisting frailty of health they proved to be more severe than they would have ...
What is the doctrine of negligence per se?
In California, negligence per se is a legal doctrine that states that when a person violates a particular provision of a statute, that action is presumed to be negligent.
What is meant by comparative negligence?
Comparative negligence is a tort principle used by the court to reduce the amount of damages that a plaintiff can recover in a negligence-based claim according to the degree of negligence each party contributed to the incident.
What is the eggshell skull rule?
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. Attorneys often use the eggshell skull rule when an at-fault driver’s negligence aggravates a victim’s pre-existing injury or condition.
How to respond to a denial of a herniated disc?
You’ll need to respond to this denial with testimony from medical and accident reconstruction experts who can evaluate your MRI images and explain how the impact worsened the herniated disc. You’ll need to collect all your medical records and imaging studies, retain the right experts, and carefully build your trial presentation to educate the jury. That’s a lot to handle on your own, and it’s why many crash victims turn to Crosley Law for help.
What happens if you are reckless?
The reckless conduct caused your injuries. You suffered damages, like wage loss, medical bills, and pain and suffering. When you have a pre-existing condition or injury, the third step, “causation,” can become complicated. Without the eggshell skull rule, insurance companies could argue that your condition was there beforehand and then use ...
What does the rule of victim as you find them mean?
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. This rule protects victims from their own vulnerability, something over which they have no control.
Can a car crash cause emotional trauma?
Car accidents can cause or worsen emotional trauma or distress. It’s easier to apply the eggshell skull rule to physical injuries that can be identified on MRIs and x-rays. It’s much harder to explain how the emotional trauma of a crash worsened your anxiety or depression. The emotional impacts of traumatic events are undeniably real and severe. ...
Can you end up in the ICU with a skull fracture?
While a “normal person” might only experience headach es and some bruising, the impact fractures your delicate skull. You end up in the ICU and suffer permanent disabilities. Even though your pre-existing condition contributed to your injuries, the at-fault party will still be liable for your damages.
Is emotional trauma real?
The emotional impacts of traumatic events are undeniably real and severe. But with emotional and invisible injuries, there is no straightforward way to objectively measure the amount of pain an individual experiences and equate it to the trauma associated with a physical injury.
What is the Eggshell Skull Doctrine?
The eggshell skull doctrine protects those in cases where the injuries are worse or amplified because of a pre-existing condition. The doctrine makes it so that the negligent party is legally responsible for all resulting consequences and prevents the negligent party from using the victim’s pre-existing health condition to avoid liability in a crash caused by them.
Why did Darden use the eggshell doctrine?
The eggshell doctrine was established to help those receive the care they need to assist in their recovery.
What happens when an intervening event causes a new injury that re-aggravates the victim's original injury?
However, when an intervening event causes a new injury that re-aggravates the victim’s original injury, it may become difficult to show what damages, subsequent to that event relate back to the injury that made the basis of your claim. A judge or jury may find that those damages were unforeseeable.
Is the eggshell doctrine unlimited?
These damages are not , however, unlimited.
Does the eggshell skull doctrine apply to emotional injuries?
In addition to physical damages, the eggshell skull doctrine may also apply to emotional injuries. Each state has a varying approach to the application of the rule to emotional damages. Some hold that only those emotional damages that an ordinary person would expect to have as a result of a car accident are recoverable, ...
Do you include any amount for any condition existing before the occurrence in question?
In fact, the jury will receive a specific instruction as follows: Do not include any amount for any condition existing before the occurrence in question, except to the extent, if any, that such other condition was aggravated by any injuries that resulted from the occurrence in question.
Is the eggshell skull doctrine easy to apply?
Although the eggshell skull doctrine is applied easily on its face, two instances make applying this doctrine difficult. Intervening causes and comparative negligence add a hurdle, making the application of the eggshell skull doctrine a little more complicated.
What Is the Eggshell Skull Rule?
Under the eggshell skull rule, a defendant remains liable for injuries caused by negligence or an intentional act regardless of the plaintiff’s increased susceptibility to injury. The rule effectively protects plaintiffs who have pre-existing conditions that increase the risk or severity of injuries in the event of an accident.
How the Eggshell Rule Started
The concept of the eggshell skull rule was introduced in the 1890s following a case known as Andrew Vosburg v. George Putney, which took place in Waukesha, Wisconsin. The case involved a 12-year-old student named George Putney who injured a 14-year-old student, Andrew Vosburg, during an argument.
How Does the Eggshell Skull Rule Work?
One example of a case involving the eggshell skull rule could entail a car accident resulting from distracted driving. For instance, Martin is driving a vehicle while talking on the phone and rear-ends another vehicle momentarily stopped at a stop sign.
How the Eggshell Skull Rule Works in Nevada
In Nevada, like most states in the U.S., the eggshell skull rule applies to both civil and criminal cases. While the rule applies in Nevada, it’s important to understand some of the laws and details of specific states.
How Does the Rule Apply to Emotional Injuries?
In cases involving auto accidents and other incidents, plaintiffs can seek compensation for both physical and psychological injuries. This includes emotional injuries such as distress, anxiety, humiliation, depression, grief, and post-traumatic stress disorder (PTSD), along with the decreased quality of life and loss of consortium.
What is the eggshell skull doctrine?
The eggshell skull doctrine makes a defendant liable for the plaintiff’s unforeseeable reactions to the defendant’s negligent act. For a plaintiff to be compensated as deserved, there is the need for the victim to have experienced lawyers. One needs to hire a lawyer who will represent his or her interests well.
What factors are considered before applying the eggshell skull rule?
Before applying the eggshell skull rule, the following factors are first enacted into consideration that makes the plaintiff vulnerable to harm: Physical factors. Social factors. Economic factor. Many law schools will use the example of a person with a very fragile skull like an “eggshell.”. This person appears normal to ...
Where Does The Eggshell Rule Apply?
The eggshell rule is not applied in all cases. Lawyers usually invoke this legal doctrine in cases where there is negligence. If the negligence of the defendant aggravates a plaintiff’s existing condition, the rule is applied. In this case, the victim should be treated as he/she was unable to prevent what had occurred. In short, the law provides a safe haven for the victim’s susceptibility. The defendant is responsible regardless of the plaintiff’s health condition.
What is the eggshell rule?
In the event that a large individual who isn’t paying attention rear ends this individual in their vehicle and they die as a result of their injuries, the eggshell rule (or thin skull rule) states that the person who caused the death is responsible for the resulting damage.
What is the rule of the state of health in a case?
According to the rule, if a plaintiff’s condition was excellent and there was no chance of changing, then the defendant should provide compensation. In this case, the state of health is not put into consideration. The law is mostly applicable when dealing with elderly and disabled individuals.
Why is knowing what is on the defendant's mind a challenge?
Knowing what is on the defendant’s mind is a challenge because they do not reveal it in public. . Additionally, the eggshell rule is also applicable in strict liability cases. An individual is held accountable for what happens from an activity even where there is no fault.
Can the eggshell skull rule be mistaken for the crumbling skull rule?
The defendant only takes liability for the initial injuries. The eggshell skull rule should not be mistaken for the crumbling skull rule. The plaintiff might suffer from a detrimental position, pre-existent to the occurrence of the present tort.
What is the eggshell rule in personal injury?
One of these is the eggshell rule, which basically means the defendant in your case must take the plaintiff “as they find them.” Defendants can be legally responsible for your injuries in some situations, even if you have pre-existing conditions or injuries. Insurance companies for the at-fault party will try any means necessary to reduce or eliminate the amount of money they have to pay for your damages. To ensure you get the compensation you are owed, it’s best to speak with an experienced personal injury lawyer.
What is the eggshell rule?
Under the eggshell rule, at-fault defendants will be responsible for reimbursing you for your injuries even if you already had pre-existing conditions that were made worse or your current health issues make you more susceptible to injuries. Eggshell refers to the example used in many law schools where a plaintiff has a rare condition that leaves them with a fragile skull. Their skull is thin and delicate, like an eggshell. If someone’s negligence results in the victim fracturing their head, the defendant can’t argue they shouldn’t be responsible just because a younger or healthier person wouldn’t have suffered the same fate.
What happens if a plaintiff has a back injury?
If a plaintiff has a back injury that is made worse by a car accident, then the defendant is responsible for the worsening of the condition. For example, consider a plaintiff who had a mild back injury that was almost healed. While driving to the store, the plaintiff was hit from behind by the defendant’s vehicle, suffering more severe back injuries. Rather than conservative physical therapy as previously required, the plaintiff now needs back surgery right away. The defendant cannot argue they aren’t responsible for these additional injuries or the surgery because their actions are what led to further injuring the plaintiff.
Does the eggshell rule apply to PTSD?
Depending on the circumstances and the state where your case is, the eggshell rule could apply to both physical and emotional injuries. For example, someone who has pre-existing mental health conditions or a veteran with PTSD could experience a different level of emotional distress in an accident.
Can you argue the eggshell rule?
As the injured victim, you have the right to argue the eggshell rule to get the defendant’s insurance company to pay you fair compensation. This rule applies even if the payout would be less for a completely different plaintiff with an identical set of facts. Personal injury claims can be very complicated, which is why you should have a legal advocate on your side. Consider hiring a personal injury attorney who has experience handling cases similar to yours.
What is the eggshell skull rule?
What Are the Basics of the Eggshell Skull Rule? The term “eggshell skull” refers to injury cases where the victim sustained a serious head injury or brain damage due to having a delicate skull. However, this rule also includes any pre-existing medical conditions the victim may have.
What is the thin skull rule in Texas?
The Eggshell Skull Rule, also known as the Thin Skull Rule in Texas, means that the at-fault party is still legally liable for all damages, even if the injured victim was in frail condition or had a pre-existing health issue prior to the accident.
What percentage of fault is $50,000?
For example, if you were awarded $50,000 for your damages and were found to be 20 percent at fault, you would then only receive a total of $40,000. However, if you are found to be more than 50 percent at fault, you will not be able to recover any compensation.
What happens if you lose blood after hemophilia?
For example, if a person with hemophilia suffers significant blood loss after an accident, the at-fault party could still be liable for covering the full amount of medical costs , lost wages from missing work, pain and suffering and other damages. The idea behind this rule is to fairly compensate the injured victim and hold ...
Can a defendant use a plaintiff's pre-existing condition against them?
The defendant cannot use the plaintiff’s pre-existing condition against them. If your case goes to trial, a judge will decide whether the eggshell skull rule applies and he or she will notify the jury. The jury will then decide if you deserve the compensation your lawyer is requesting, without holding your pre-existing conditions against you. ...
Can a defendant use a victim's vulnerability as a reason to avoid covering the full amount of damages?
The defendant cannot use the victim’s vulnerability as a reason to avoid covering the full amount of damages. If you or someone you care about was injured in an accident, it is important to reach out to a legal professional.
Does the eggshell skull rule apply to mental injuries?
Although victims can sometimes suffer other non-physical injuries such as mental and emotional trauma, the eggshell skull rule does not apply to these types of ailments.
What is the eggshell skull rule?
The “eggshell skull rule” holds that the defendant’s liability won’t be reduced just because the plaintiff is more susceptible to injury than the average plaintiff.
What is the crumpled skull rule?
The “crumbling skull rule” holds that, while a defendant is responsible for the damages needed to restore the plaintiff to the position they were in before the accident, the defendant isn’t responsible for putting the plaintiff in a BETTER position. In other words, the defendant is liable for the injuries caused, ...
Is the eggshell skull rule a legal doctrine?
Are there any situations when the eggshell skull rule doesn’t apply? The “eggshell skull rule” sounds frightening , but it’s actually a fairly straightforward legal doctrine that helps make certain personal injury plaintiffs recover ALL the damages that stem from their accident. Let’s take a closer look.
Who was liable for the damages caused by his intentional tort?
The Supreme Court of Wisconsin held that George was liable for the extensive damages caused by his intentional tort even though George didn’t know about Andrew’s weakened condition.
Does the eggshell skull rule apply to mental health?
The eggshell skull rule applies to physical injuries in every state. However, only some states allow the plaintiff to apply the eggshell skull rule to mental conditions. For example, if a plaintiff suffered from PTSD as a result of a car accident, and a subsequent car accident aggravated the PTSD ...
What is an eggshell plaintiff?
While the eggshell plaintiff is a person who suffers from some kind of physical difference that makes them more susceptible to injury, there is also the matter of a plaintiff with a preexisting condition. While it is widely recognized that a defendant will only be responsible for injuries or damages caused by her negligent behavior, it is also recognized that a defendant will be responsible for any damages resulting from the aggravation of a preexisting injury or condition. For example, if a plaintiff involved in an automobile accident previously suffered from a torn rotator cuff, the defendant would be responsible for any injuries resulting from the accident, but would not be responsible for any injuries that the plaintiff would have suffered as a result of having a preexisting condition. Naturally, this can lead to some complex cases, especially if the plaintiff were already recovering from prior injuries.
What is the rule of personal injury?
In such cases, an individual is injured due to the negligence or recklessness of another party and seeks compensation through the court. While each case is different and depends on the facts, it is a well-known legal tenet that a defendant takes ...
What happens if a plaintiff has a torn rotator cuff?
For example, if a plaintiff involved in an automobile accident previously suffered from a torn rotator cuff, the defendant would be responsible for any injuries resulting from the accident, but would not be responsible for any injuries that the plaintiff would have suffered as a result of having a preexisting condition.
What is personal injury case?
In any personal injury case, you might expect a person to be responsible for the damage caused by their behavior. Whether it is reckless driving or negligent care over a premises, there are a lot of risks involved with daily life.
Does a defendant have to show a higher duty of care to an eggshell plaintiff?
Interestingly enough, while the defendant must accept the plaintiff as he finds him, he does not have to show a higher duty of care to the eggshell plaintiff. A defendant must only have violated an ordinary standard of care in order to be found responsible for damages. In addition to this, however, under tort law, a plaintiff does not even have to have a natural condition that creates aggravated injuries, and may also have preexisting conditions that are aggravated as a result of the injury.
Is a bump on the head a negligence?
As a result, even a gentle bump on the head could prove to be disastrous. If the plaintiff with the eggshell-thin skull is injured by the negligence of another person, then that person would be liable for any and all injuries resulting from his actions.
Can a defendant be responsible for a preexisting injury?
While it is widely recognized that a defendant will only be responsible for injuries or damages caused by her negligent behavior, it is also recognized that a defendant will be responsible for any damages resulting from the aggravation of a preexisting injury or condition.