In some tort law systems, the common doctrine Eggshell Skull Rule implies the defendants are to be responsible for a plaintiff’s uncommon or unpredicted reactions stemming from the defendant’s intentional tort or negligence.
Essentially, in the instance a person with certain characteristics, prior injury, or condition is a victim of a tort by another individual’s negligence, the individual or defendant would then be liable for any injury that becomes worse or magnified.
However, unrelated pre-existing injuries do not entitle a victim to compensation, nor do they bar a plaintiff from financial compensation. For example, if a person’s condition were to cause their skull to be thin and then got into an accident, the other person at fault would be responsible for the damages.
Unfortunately, victims with these specific types of personal injury cases will most likely experience push-back on their case by the insurance company. Insurance companies are not your friends when it comes to personal injury claims.
Did you know?
By blaming the extent of your injuries on pre-existing conditions, insurance companies or insurance adjusters can try to minimize or invalidate your claim.
What is the eggshell skull rule?
Victims of personal injury claims with pre-existing injuries or conditions at the time of an accident have protection from the Eggshell Skull Rule. It prevents discrimination against the plaintiff or victim from being unable to get compensation.
However, the Eggshell Skull Rule does not entitle a plaintiff to compensation for pre-existing conditions that are completely unrelated to the accident.
Collecting your medical records is essential to determine the difference between pre-existing conditions and injuries from an accident.
In most cases, victims of personal injury can pursue compensation for damages, including physical damages, pain and suffering, medical expenses, and in some situations, more or less. While the Eggshell Skull Rule applies to physical damages, it is not applicable for pain and suffering.
Of course, the Eggshell Skull Rule does not exclude being eligible for an amount of compensation for noneconomic damages. However, victims cannot hold defendants liable for noneconomic damages in relation to previously diagnosed mental health disorders such as post-traumatic stress syndrome (PTSD).
Did you know?
Even though all 50 states in the US have a version of the Eggshell Skull Rule, applying the rule can differ in each state. However, this can also depend on the details of each individual case.
Tort law & eggshell skull rule
Among the many types of cases that apply the Eggshell Skull Rule, tort laws are no exception. Tort is a law that is in place to protect and offer a way for victims of negligence, recklessness, or intentional civil wrongs to pursue compensation.
Any acts or exclusions that result in damages or injuries to another by negligent or intentional means are then the responsibility of the defendant.
The Eggshell Skull Rule is in place to help prevent people causing injuries or damages to others, as well as supply a victim with means to get financial relief. As a result, injured parties can use tort law to pursue financial compensation, directives, and reimbursement.
Different types of torts
It is important to understand that there are different forms of tort law. For example, intentional torts are a product of someone intentionally trying to cause harm or else to another person.
While negligent torts, for instance, are often defined by the negligent or reckless acts of disobeying traffic laws that cause accidents. Strict liability, however, centers on product liability, which makes it to where manufacturers and distributors are responsible for defective products that cause injury or harm to consumers.
Oddly enough, strict liability torts are not reliant on a victim’s level of medical care.
Instead, focusing on a specific outcome or the damages that occurred becomes the court’s priority.
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