Eggshell
Skull Rule

Understanding the Eggshell Skull Rule
& How it Applies to Personal Injury
& Auto Accident Cases

Eggshell Skull Rule Lawyer in Houston, TX

What is The Eggshell Skull Rule?

The 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.

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 (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 12yrs old and one 14yrs 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 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.

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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.

FREQUENTLY ASKED QUESTIONS

Here are some of the most common questions we’re asked about car accident injury claims in Texas.

Seek medical care
After being involved in a car accident, the very first thing that you should do is seek medical care. Your health and well-being is the most important thing – everything else is secondary. Even if you don’t feel like you’ve suffered any injuries, it is important that you go to the hospital and allow medical staff to check you out. Some injuries, like brain and spinal cord injuries, are not always immediately apparent. Brain and spinal cord injuries can get worse and they cause serious issues down the line if not treated properly. Take care of yourself!

Document what happened
After you’ve been seen by a doctor, take some time to write down everything that you can remember about your accident. These details can be very helpful to your personal injury attorney. Memory fades over time and you won’t remember your accident in as much detail six months or a year later. Document your side of the story and everything that you remember while your memory is still clear.

Call a personal injury attorney
If your accident was caused by someone else, you should contact a personal injury attorney as soon as possible. Navigating a personal injury claim in the legal system can be daunting and there’s no reason to add more stress to your plate than necessary. The experienced lawyers at The Ramji Law Firm will take on the person who injured you in court while you focus on your recovery.

Don’t talk to insurance companies
Whatever you do, don’t talk to insurance companies after you’ve been involved in an auto accident. Insurance companies – including your own – are not your allies. They are not on your side. Insurance companies will twist your words in whatever way they need to to avoid compensating you for your injuries, the disruption to your life and expensive medical treatment. 

Medical bills
If you were involved in a car accident that was the fault of someone else, he or she may be responsible for paying your medical bills. If you didn’t cause the accident, there is no reason for you to be crushed by a mountain of medical debt.

Lost wages
Those who have been involved in car accidents often miss work. Doctor appointments are usually scheduled during business hours and can conflict with your usual work schedule. If you have suffered serious injuries, you may be too hurt to work. In a personal injury suit, you may be able to recover the wages that you missed out on as a result of your injuries.

Pain and suffering
Being injured, especially in a car accident, can mean serious pain and suffering. If you were hurt in an auto accident, you may be entitled to damages specifically because you suffered pain. These types of damages should be discussed with an attorney. 

The cost of a personal injury suit for an auto accident can vary based on any number of factors, including the extent of your injuries. If you represent yourself, you will have to pay all of the court costs up front. These costs could be thousands of dollars. The Ramji Law Firm operates on a contingency basis, which means that we cover those costs for you and are not reimbursed unless we win your case. Then, we would typically take 33 to 40% of the settlement – which is a regular practice for personal injury lawyers.

Your best bet is to schedule a free consultation with the experienced car accident attorneys at Ramji Law Firm. We can give you answers to your important questions with zero obligation or upfront cost.

There are many factors involved in determining who was responsible for an accident. Even if you think you may be partly to blame, don’t accept fault. You may still be entitled to compensation for your injuries.

Houston, TX uses a comparative fault system to allocate liability in a personal injury case. Under this system, you are responsible for your own portion of the fault. For example, if you are 30% at fault for the accident and a jury awards $1,000,000 in damages, you are still entitled to $700,000 of that award.

Houston, TX requires all drivers and passengers to wear seatbelts. If you weren’t wearing your seatlbelt, your total settlement may be reduced under the comparative fault system. However, you may still be entitled to compensation for your injuries if the accident was caused by the other person.

Houston, TX requires insurance companies to offer uninsured motorist coverage, which is designed to protect you in the event that you are injured by an uninsured or underinsured driver. You have to sign a waiver to decline this coverage so if you haven’t signed a waiver, you likely have this coverage. You would need to file this claim quickly and prove the other driver was uninsured and at fault. 

Yes. Even if you were not at fault, you are generally obligated to inform your insurance company whenever you are involved in an accident. Failure to timely notify your insurance company could result in the termination of your policy altogether. However, before you provide any information, you should speak with a personal injury attorney.

It depends. Many personal injury claims settle out of court. However, if the other side is unwilling to agree to an appropriate settlement amount, you may have no choice but to take your case to trial. If that happens, The Ramji Law Group will guide you every step of the way.

Don’t see what you’re looking for?

Get in touch. We handle all areas of personal injury law. If for some reason we can’t help you, we’ll help you find an attorney who can.

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Eggshell Skull Rule Lawyer in Houston, TX - Personal Injury Attorney Near Me - Houston's Top Accident Lawyer