Houston Eggshell Skull Rule | Pre-Existing Condition

The Houston Eggshell Skull Rule may sound like a mouthful, but these three words can have a big impact on anyone who has pre-existing medical conditions/injuries and has been in an accident that aggravates such conditions/injuries. A car accident attorney can help you understand this rule and its effect on a claim.

Understanding The Eggshell Skull Rule

Assume you have a pre-existing medical condition or have been injured previously. Let’s pretend you’ve recently been in an accident. The eggshell skull rule comes into effect at this point. Because you have a pre-existing condition that makes you more vulnerable to injury than someone who does not have a pre-existing ailment or injury, the legal doctrine effectively safeguards your rights. According to the eggshell skull rule, a defendant’s (their) responsibility will not be lowered just because an injured plaintiff in Houston (you) is more vulnerable to injury than the ordinary plaintiff (you).

Talk About A Kick Heard Across The World

Did you know that the eggshell skull rule was established in 1891? It came about in Wisconsin, involving two boys… one 12-year-old and one 14-year-old. Well, an argument occurred between the two and the 12-year-old kicked the 14-year-old in the shin. A normal 14-year-old boy who was kicked in the shin probably wouldn’t have been injured from the kick and would have recovered right? Wrong! It turns out that the 14-year-old had a tibia infection, and the kick led to the prevention of recovery and full loss of use of the 14-year-old boy’s leg. The Supreme Court later ruled that the 12-year-old boy was liable for the injuries, even though he didn’t know about the 14-year-old having a tibia infection prior to the kick.

How Does the Eggshell Skull Rule Apply to Injury Claims & Car Accidents?

Now, years later, the eggshell skull rule has been applied in many personal injury lawsuits in Houston involving irresponsible activities that can cause injury, such as 18-wheeler accidents, slip and falls, and car crashes. It’s also worth noting that certain states have used the eggshell skull rule in instances involving PTSD, autism, and degenerative disorders, where new injuries might exacerbate a plaintiff’s pre-existing conditions. In a nutshell, the eggshell skull rule states that injuries must be taken as is without any speculation about what could’ve happened if the person injured didn’t have a condition that caused them to have an even more severe injury. The eggshell skull rule helps protect victims from something that they don’t have any control over. It says that plaintiffs aren’t at fault for their condition, and that the defendant has to take full responsibility for the injuries they caused.

If you have any pre-existing conditions or injuries, and you have been in an accident that has aggravated your pre-existing conditions or injuries, contact the Ramji Law Group. We are experts in situations where the eggshell skull rule may apply. We can assist you in addressing the intricacies of physical and mental pre-existing issues in order to obtain the largest settlement possible.

Types of Car Accidents That We Can Help You With

We can assist you regardless of the type of automobile accident you were involved in. Every automobile accident victim, we think, has the right to be represented by a top-rated Texas car accident lawyer. Because we dive under the surface to uncover the facts of your case, we’ve been able to obtain big settlements for the victims we’ve represented.

The May Firm’s top-rated Texas vehicle accident lawyers arm themselves with the facts they need to serve as your best advocate by reviewing police records, speaking with witnesses, and re-creating the accident site. We’ll communicate with doctors, insurance companies, and the police on your behalf so you can focus on getting the best medical care possible. Injuries are frequently not visible right away. As a result, it is critical that you be examined by a doctor with the medical training and expertise necessary to recognize your current and possible medical difficulties as a result of your vehicle accident.