Accidents and personal injuries can disrupt our lives in numerous ways, especially when they exacerbate preexisting conditions. Many individuals who find themselves in such circumstances may question whether they can still pursue a personal injury lawsuit. The good news is that having a preexisting condition does not automatically disqualify you from seeking legal recourse. In fact, there is a legal principle known as the “Eggshell Skull Rule” or “Eggshell Doctrine” that can work in your favor.
When someone with a preexisting condition sustains further injuries due to an accident caused by someone else’s negligence, the Eggshell Skull Rule comes into play. This rule implies that the responsible party is liable for all damages suffered by the injured person, regardless of the preexisting condition’s presence. In essence, it means that the at-fault party must take responsibility for the full extent of the harm caused, even if the consequences are more severe than anticipated.
Filing a personal injury claim with the protection of the Eggshell Skull Rule helps safeguard individuals with preexisting conditions from potential discrimination. Insurance companies, which aim to minimize payouts, might argue that your injuries were preexisting and attempt to avoid liability. However, the Eggshell Skull Rule acts as a shield against such arguments, ensuring that you are not unfairly deprived of compensation.
It’s important to remember that while the Eggshell Skull Rule can be a valuable legal tool, it does not guarantee automatic success in your personal injury case. The burden of proof still rests on you to establish that the accident worsened or aggravated your preexisting condition. This requires thorough documentation, medical records, and expert testimony to demonstrate the causal connection between the accident and the exacerbation of your condition.
Additionally, the compensation you receive in a personal injury lawsuit may consider the preexisting condition. For instance, the damages awarded may account for the increased medical expenses, pain and suffering, and loss of quality of life resulting from the accident’s impact on your preexisting condition.
Navigating the legal complexities of a personal injury lawsuit involving a preexisting condition can be challenging. Seeking the guidance of an experienced personal injury attorney is crucial to ensure you receive fair compensation and protection under the Eggshell Skull Rule. An attorney can help build a strong case on your behalf, gather relevant evidence, and advocate for your rights, taking into account the specific circumstances of your situation.
If you or a loved one have been in an accident and have had a preexisting injury aggravated, contact Hurst Limontes today to discuss your options. We have decades of combined experience fighting for our clients in any number of personal injury claims. We work on a contingency basis, meaning there is no cost to you unless we reach a settlement or jury verdict award on your behalf.
Call 317-636-0808 or email us for a FREE and confidential consultation.