How the Eggshell Skull Rule Works in Car Accident Claims

If you are involved in a car accident in Miami, you may have to deal with severe injuries. You may also find that the accident worsens an existing medical condition. 

Miami law can help protect you after an accident while you fight for compensation. It is also important to note that the eggshell skull rule may apply to your case. It may also form the biggest part of your claim.

What Is the Eggshell Skull Rule?

In plain terms, the eggshell or thin skull rule is a legal principle applied in personal injury cases where victims have pre-existing conditions. 

The name comes from the idea that even if a person has a fragile skull, the one who causes them harm must suffer consequences. So, even if you have an existing medical condition making you more vulnerable, the at-fault party in an accident must pay for your damages. 

This also means the at-fault party cannot use your medical condition against you. They cannot argue that you were more likely to be hurt because of your condition. By preventing this, courts ensure that victims are compensated fairly. This is despite their injuries being worse because of a pre-existing health issue. 

This rule is meant to protect you if someone’s negligence harms you. Under this rule, it doesn’t matter whether an illness makes your bones brittle or you have an existing injury. If an accident worsens your condition, the at-fault person will compensate you. 

How the Rule Works in Car Accident Claims

Let’s consider an example of a pre-existing condition. Say you already had back pain or severe arthritis. The impact and stress of a car accident will make these conditions worse. You may suffer from unbearable pain because of the accident. In this instance, the law is fully on your side.

The at-fault driver must pay you a settlement to cover your injuries, pain, and suffering. This is on top of the money you would need to cover your car’s damage and loss of income.

Miami courts follow the eggshell skull rule whenever relevant to a personal injury case. Judges use it to ensure that victims get the compensation they need.

Why the Eggshell Skull Rule Is Important

The eggshell skull rule can make all the difference to your personal injury case. For one, you have a far better chance of getting fully compensated for your losses. And the at-fault party’s legal team cannot treat you unfairly. 

Furthermore, you don’t have to prove the accident was the sole cause of your injury. It is much easier to hold the at-fault party responsible for their negligence.

Examples of Pre-Existing Conditions

Many car accidents in Miami involve victims who have pre-existing health conditions. Some of the most common pre-existing health issues include: 

• Back problems. A lot of Miami drivers suffer from back pain. This is usually caused by long working hours at a desk or past injuries. Car accidents can easily worsen this type of pain. 

• Arthritis. This is a common health complaint, not only among the older population. Arthritis means injuries sustained in a car accident may be worse than normal. 

• Heart disease. Some drivers have heart problems that can quickly become aggravated by stress or injury. 

• Bone fractures. Drivers with a history of fractures or osteoporosis will also sustain more serious injuries in an accident.

These are just some examples of pre-existing health conditions that come into play during a personal injury claim. If you have one of these conditions, the eggshell skull rule can help swing your claim in your favor after a car accident. 

How Your Compensation Is Calculated

The best way to accurately calculate the compensation you need is to let a lawyer do it. Your lawyer will examine, first of all, your medical records, which includes your past medical history. These documents will help prove your pre-existing condition. It will also show the impact the accident had on it.

If necessary, your lawyer will hire medical experts to explain how the accident made your condition worse. Their testimony can help strengthen your claim. 

Furthermore, your lawyer will collect all additional evidence your case requires. This includes police reports, witness statements, and accident scene photos.

Your lawyer will use all these components to calculate how much your settlement should be. You can claim compensation for medical bills, lost wages on top of pain and suffering, and future medical treatments.

At the same time, remember that all cases are unique. The insurer or court will examine all the facts to decide how much your payment should be.

Challenges You May Face During Your Claim

Expect to find some parts of your claim more challenging than others. For instance, you must prove that the accident worsened your pre-existing condition. If you don’t have medical records to support this, you will find it difficult to file a legit claim. 

It is also likely that the at-fault party’s lawyer will try to shift the blame to you. They will use every legal argument in the book to dispute their client’s liability. Fortunately, if you have an experienced lawyer, they can counter these claims. 

Also, you may come up against the at-fault party’s insurance company.

Insurance companies typically do not love paying settlements. If the insurer cannot deny your claim outright, they may try to lower the settlement amount. Your lawyer will step in here and negotiate on your behalf. 

The Law Is On Your Side

It is important to reiterate that the law is on your side if you are the victim of a negligent accident. Your injuries, no matter how many and how serious they are, must be compensated in full.

Filing a claim might seem intimidating, but a lawyer can assist you. 

If you are in a car accident and your pre-existing health condition worsens, contact a car accident lawyer as soon as possible. Your lawyer will fight to get you the compensation you deserve. They will also provide the guidance and support you need while you try to recover. 

By ML staff. Image courtesy of Pexels.