What is the Eggshell Skull Doctrine?
The eggshell skull doctrine is a rule that allows a plaintiff to recover for all of the damages that the plaintiff suffered as a result of the defendant’s conduct regardless of whether the damage was worse than expected. This means that the plaintiff will be able to recover for the damages that they suffered that a normal person would not suffer. The rule is also referred to as eggshell plaintiff rule.
How did the Eggshell Skull Doctrine Get it’s Name?
The eggshell skull rule was named after a common example frequently used to describe a situation where the plaintiff would be able to recover when their damages are worse than expected.
In this example, there is an imaginary person with a skull that is as fragile as an eggshell. The person dies because of being hit on the head. Dying because of being hit on the head is very unusual, and a normal person would not have suffered such extreme consequences. Nonetheless, the defendant will be responsible for the extreme injury that the imaginary person suffered.
Why Does the Eggshell Skull Doctrine Exist?
This rule is based on the concept that the defendant must take the plaintiff “as he finds him.” It is fair for the defendant to compensate the plaintiff for all of the hard that he caused even if the damage was unexpected.
How does the Eggshell Skull Doctrine Apply to Personal Injury Cases?
The eggshell skull doctrine applies in personal injury cases where the plaintiff has a preexisting condition. A plaintiff is more vulnerable to suffer an injury after a car accident if the plaintiff has a pre-existing condition. This vulnerability will not exclude the plaintiff from recovering from an injury that the defendant cased even if the plaintiff’s harm was unexpected.
If you have been injured in an auto accident, do not let a preexisting condition deter you from seeking compensation for your injuries.
