Posted on Torts, Examples and Explanations Blog / Blog / Eggshell Skull Rule

Previously Existing Medical Conditions

Car crashes can upend a person’s life. Even minor accidents can cause severe issues. From having to repair or replace a car to a long-term injury to lost work, and emotional trauma, it sucks! Some say that crashes are like icebergs, with more remaining under the surface.

Pre-Existing Conditions May Mean Having Eggshell Thin Bones or Skin

Some people are delicate. So, for example, in law we say that he or she: has an eggshell-thin constitution. Such is the case with accidents that leave long-term harm and trauma to people with existing health issues. Or they may have a previous medical condition.

And that could make healing slower than with an average human. Such remains the case with so-called eggshell-skull victims. But these primarily remain people with poor bone structures and immune systems. Because of this, they may be unable to heal in the aftermath of physical trauma.

The Law Says the Defendant Must Pay Regardless of a Pre-Existing Condition?

Yes, this is true. Such victims have weakened already. And these folks can suffer inordinately. Many can face many broken bones. But an ordinary person may suffer few or no injuries in the same scenario. Additional issues may arise concerning insurance policies or increased medical bills.

For example, you will need money for physical therapy. Also, many problems can emerge from lost work. Imagine Humpty Dumpty falling off the wall since the defendant King’s men pushed him off. As we know, that caused Humpty to splatter and crack. The King couldn’t argue he did not have some fault, because Humpty failed to be tough enough. No, instead, in tort law, you “take the victim as you find him.” So the King will need to pay up. The king should do his best to make Humpty whole again if he is still alive. Also, the king may need to compensate the family left behind if Humpty died.

So the king could be liable for wrongful death. What if, for example, an old lady gets killed in a crosswalk following a low-speed impact? Compare her to a well-conditioned male football player. He could easily shake it off. But no discount will be offered to the defendant for the senior woman’s frailty. Instead, the tables turn in favor of the survivors. Because of this, the Courts take the victims as they find them, no matter how weak or how strong a person is.

If you or a family member has suffered harm in such a fashion, legal options exist. The increased suffering and medical expenses should get covered. Ehline Law’s team of legal pros specialize in personal injury and auto accidents LBC. Also, we have the training to handle such cases. Our team has fought and won similar situations in the past.

Further Reading:

https://www.cdc.gov/nchs/fastats/accidental-injury.htm Centers for Disease Control and Prevention Accidents or Unintentional Injuries.

https://www-esv.nhtsa.dot.gov/Proceedings/23/files/23ESV-000223.PDF Accident And Injury Risks of Elderly Car Occupants.

https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/811325 Children Injured in Motor Vehicle Traffic Crashes.