What is the eggshell skull plaintiff rule?

Imagine having a skull as breakable as an eggshell. We’re talking Humpty Dumpty here, folks. (There is some debate out there about whether Humpty’s skull was, in fact, an egg. But that discussion is for another time, another place.) The concept of a fragile, vulnerable person more prone to injury than most people lies at the heart of the Eggshell Skull Doctrine of law.

Understanding the Eggshell Doctrine

Generally, it stands to reason that a 71-year-old is more likely to suffer injury than a 17-year-old, given similar circumstances. Whether it’s a head-on collision with another vehicle or a trip-and-fall on an uneven slab of sidewalk, the 17-year-old, being nimbler, might not even take a tumble in the first place. So, can a Defendant defend a lawsuit on the basis that a 71-year-old was harmed out of proportion to what someone of a younger age would have suffered? Or can a Defendant hide behind the unexpected harm that came to a young person who otherwise looked healthy and strong who suffered from an unusual disease?

The Eggshell doctrine attempts to level the playing field for the more fragile among us. The rule says that the defendant must “take the plaintiff as he finds him.”

Complications with Insurance

Under normal circumstances it is implausible that a motorist who strikes another vehicle has knowledge of the possible medical conditions of the driver whose vehicle he strikes. We don’t get to choose the healthiest person on the road with whom to have an accident. If you’re the person injured, it’s not your fault that you might have a pre-existing condition that makes you more susceptible to injury than someone else.

The Eggshell plaintiff may have become fragile through a condition at birth, the aging process or due to a previous serious injury. This is sometimes known as a “pre-existing condition.” It was an especially hot topic in the days of the creation of the Affordable Care Act (“Obamacare”). The ACA said insurance companies cannot deny coverage or charge higher premiums based on pre-existing conditions. Insurance companies must provide coverage for treatment of such conditions, according to the ACA. Prior to the passage of the law, insurers could deny coverage or raise premiums for people with pre-existing conditions.

That said, insurance companies for defendants in personal injury cases are often looking to point to a pre-existing condition as a significant reason for a person’s “new” injury. In other words, they will claim that what is ailing the plaintiff is not really from the “new” injury. Rather, it is the remnant of a pre-existing condition that never resolved.

Plaintiffs who have pre-existing conditions need to fully disclose their conditions at the outset of a new case. It is better to be up front that your “bad back” was already bad before Joe Tailgater rammed into you, but that it is now worse. This can still be held by a court to be the “aggravation of a pre-existing condition.” But it’s important to have this discussion with your lawyer up front.

A plaintiff’s past medical history is relevant and helps to establish the fragile nature of the plaintiff through documented medical evidence. Often there is a link between a pre-existing condition and “Eggshell” status of the plaintiff.

Call Cornerstone Law Firm for Help.

You don’t have to be as physically vulnerable as our friend Humpty to qualify as an Eggshell plaintiff. If you have suffered injury due to someone else’s negligence but are concerned that your pre-existing state of health might impact on your ability to recover legally, you should contact Cornerstone Law Firm for a consultation.