Posted on behalf of Anderson Cummings on Jun 30, 2020 in Personal Injury
The Eggshell Skull Rule, also known as the Thin Skull Rule in Texas, means that the at-fault party is still legally liable for all damages, even if the injured victim was in frail condition or had a pre-existing health issue prior to the accident. The defendant cannot use the victim’s vulnerability as a reason to avoid covering the full amount of damages.
If you or someone you care about was injured in an accident, it is important to reach out to a legal professional. The legal team at Anderson & Cummings are available to discuss your claim in a no-cost consultation. We understand the difficulties individuals and families endure after a serious injury, which is why we work on a contingency fee basis – you do not pay us for our services unless we help obtain compensation for you.
Below, our knowledgeable attorneys discuss your legal rights as an injury victim with pre-existing conditions and how you could be protected by the Eggshell Skull Rule in Texas.
What Are the Basics of the Eggshell Skull Rule?
The term “eggshell skull” refers to injury cases where the victim sustained a serious head injury or brain damage due to having a delicate skull. However, this rule also includes any pre-existing medical conditions the victim may have. For example, if a person with hemophilia suffers significant blood loss after an accident, the at-fault party could still be liable for covering the full amount of medical costs, lost wages from missing work, pain and suffering and other damages.
The idea behind this rule is to fairly compensate the injured victim and hold the at-fault party liable for any harm done, no matter the condition of the plaintiff. The defendant cannot use the plaintiff’s pre-existing condition against them.
If your case goes to trial, a judge will decide whether the eggshell skull rule applies and he or she will notify the jury. The jury will then decide if you deserve the compensation your lawyer is requesting, without holding your pre-existing conditions against you.
Should you have a valid claim, a licensed Fort Worth personal injury lawyer from our firm is ready to guide you through the legal process or head to court if necessary if a settlement cannot be reached.
Does the Eggshell Skull Rule Only Apply to Physical Injuries?
Although victims can sometimes suffer other non-physical injuries such as mental and emotional trauma, the eggshell skull rule does not apply to these types of ailments. Pre-existing psychological damages can worsen after a new accident, but this rule usually only applies to physical injuries that can be medically treated and have a definitive monetary cost. This means medical bills and insurance coverage will need to be shown as proof for your damages.
What If I Share Some Fault for My Accident?
Even though you may qualify for protection under the Eggshell Skull Rule, your compensation could still be reduced if you are found to share some fault for causing an accident in Texas. Under the state’s modified comparative fault rule, your compensation could be reduced by your percentage of fault.
For example, if you were awarded $50,000 for your damages and were found to be 20 percent at fault, you would then only receive a total of $40,000. However, if you are found to be more than 50 percent at fault, you will not be able to recover any compensation.
Schedule a Free Consultation with Our Firm Today
Having a qualified legal professional on your side could make a significant difference in the outcome of your personal injury claim, especially if you have a pre-existing condition.
At Anderson & Cummings, we understand that injury victims are often taken advantage of in these types of situations and our job is to protect your rights to fair compensation. Our firm has recovered over $100 million in compensation on behalf of our clients.
Discuss your situation with our in a free consultation. You will not be billed for any of our services until we secure compensation for your claim.
Trusted. Local. Lawyers. Ph: (877) 920-9009.