In Owens v Liverpool Corp [1939] 1KB 394 , it was held that " it is no answer to a claim for a fractured skull that the owner had an unusually fragile one ". The following scenario is an example of how the eggshell skull rule can come into play: Suppose Becky is involved in a minor vehicle accident caused by Samantha. Don't be fooled. According to this rule, the at-fault person in an accident is liable even when a pre-existing condition makes the victim more susceptible to harm. to some, applies to accident victims who have either pre-existing medical conditions or physical limitations. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas. During the transport to a hospital, the ambulance collides with another vehicle. 2008). Contact a Houston law firm as soon as possible to learn more about your claim and whether the eggshell rule applies. This applies to any degree of harm the victim suffers that aggravates an existing condition or injury. This breaks the chain of causation that ties injuries to the accident. (c) Copyright Oxford University Press, 2023. The Importance Of The Eggshell Skull Rule, An Experienced Indiana Personal Injury Attorney Is Here to Help. [3] The eggshell skull rule takes into account the physical, social, and economic attributes of the plaintiff which might make them more susceptible to injury. This legal concept is a well-established legal doctrine known as the eggshell plaintiff or eggshell skull rule. The answer lies in what is known as the Eggshell Plaintiff doctrine. While personal injury law is always challenging, your claim can be made all the more complicated by a pre-existing condition (that predates the accident in question); this is where the eggshell rule comes into play. In this regard, "the 'eggshell skull' rule is a rule both of proximate cause and of damagesthe defendant is responsible even though no injury may have been foreseeable and even though the damages incurred were much more extensive than ordinarily would have been foreseeable." See 2 Stein on Personal Injury Damages Treatise 11:1 (3d ed. Serving Accident Victims in Indiana Since 1982. For instance, someone shares 40% of the fault in an auto accident. Under the eggshell rule, the negligent party is responsible for all of the damages a victim sustains from an accident. An increase in car accidents. If your personal injury case goes to trial, the judge or jury will base their decision on the evidence and the attorneys arguments. In the Australian case of Kavanagh v Akhtar,[5] the court held the tortfeasor should take into account the plaintiff's family and cultural setting. In some cases, the cause of an injury is unclear. The Principle of is applicable in this case,Eggshell. One of the illustrations which runs through the English cases is that of the plaintiff with the eggshell skull, who suffers death where a normal person would have had only a bump on the head. Silva, 527 So. If a defendant negligently injures someone, the defendant is responsible for all the consequences, whether they were foreseeable or not. At first glance, this might seem straightforward. The eggshell skull rule is a common-law principle that states that a person whose negligence harms another person cannot use that person's vulnerability to dodge responsibility. Typically, either the injured person or their attorney drafts a demand letter and sends it to either the person who caused their injuries, In Texas, personal injury cases must be filed within two years from the day of your accident or injury. Browse USLegal Forms largest database of85k state and industry-specific legal forms. However, when you file an insurance claim, the adjuster argues that your disc was already herniated and denies compensation. However, the Court held the nature and extent of the sons injury was irrelevant to their liability for damages. Despite its name, this theory does not refer only to preexisting medical conditions affecting the head, but states that, for the purposes of personal injury law, an injured party who is especially sensitive or susceptible to injury because of any preexisting condition or prior injury has the same rights to fully recover for his injuries as someone without that sensitivity or susceptibility. A couple of days after the collision, you start to feel horrible pain that shoots down your leg. We pride ourselves on our aggressive litigation approach and our goal of obtaining maximum compensation for every client. The chalk thrower is liable for her losses. In simple terms, the rule says you must "take the victim as you find them . The doctrine is applied in all areas of torts intentional torts, negligence, and strict liability cases as well as in criminal law. Under the eggshell rule, the negligent party has to accept the victim as they are. The eggshell skull rule, also known as the thin skull rule, is a common law doctrine that makes a defendant liable for the plaintiff's unforeseeable and uncommon reactions to the defendant's negligent or intentional tort. Like Missouri, Illinois has long recognized an eggshell plaintiff has a right to receive compensation and any pre-existing injury or condition cannot defeat that right. It is also known as thin skull rule or talem qualem rule. If a tortfeasor inflicts a graver loss on his victim than one would have expected because the victim had some pre-existing vulnerability, that is the tortfeasor's bad luck; you take your victim as you find him. 251 (1935). If you are injured by someone elses negligence in an accident, you can seek compensation for the losses you experience through a personal injury claim. The information on this website is for general information only. Slip and Fall, Premises Liability, and Other Negligence Claims, Unfair Debt Collection & Deceptive Business Practices. When it does apply, the judge instructs the jury to consider the full amount of damages to award to the victim. In Johnson v. Clark, 484 F. Supp. A pre-crash MRI showed a tiny disc bulge in your low back. Does the Eggshell Skull Rule Apply to Emotional Injuries and Mental Health Conditions? The deputies argued that they should not be liable because the plaintiffs son had a condition that already diminished his life expectancy. If youve been involved in a U-turn accident, it might not be immediately clear who is at fault. Complications that Arise from the Eggshell Rule. In this regard, the eggshell skull rule is a rule both of proximate cause and of damagesthe defendant is responsible even though no injury may have been foreseeable and even though the damages incurred were much more extensive than ordinarily would have been foreseeable. See 2 Stein on Personal Injury Damages Treatise 11:1 (3d ed. These instructions would include the following: Do not include any amount for any condition existing before the occurrence in question, except to the extent, if any, that such other condition was aggravated by any injuries that resulted from the occurrence in question. In the 1962 English case of Smith v Leech Brain & Co,[8] an employee in a factory was splashed with molten metal. The 'Egg-Shell Skull' rule is a principle developed by the Court, which was notably used in the case of Owens v Liverpool Corp [1939] 1 KB 394, in which MacKinnon LJ held that "it is no answer to a claim for a fractured skull that its owner had an unusually fragile one".Put in simple terms, a claimant must be taken as they are, and not treated differently because they have a pre . Intervening cause is typically an exception to the eggshell skull rule. 30.21. Alternatively, it may be difficult to obtain evidence or testimony from your doctor that establishes the extent of the claim. The name of the doctrine comes from the legal theory that if you cause a person to bump their head, and unbeknownst to you, they have a thin (or eggshell-like) skull, you are legally responsible if the slight bump results in a . Additionally, we want to point out that defendants in these cases have no obligation to provide a higher duty of care in cases involving an eggshell plaintiff. The person throwing the chalk does not get a pass because he or she didnt know that the victim was more vulnerable to injury. For more details, read the full disclaimer below. The person who caused the accident is responsible for your damages even if your injuries worsened because you were already weak, fragile, or ill at the time of the crash. However, the centuries-old rule protects victims when the crash aggravated or worsened their injuries. All Rights Reserved. . That is the eggshell skull rule . In fact, [], If your neighborhood is anything like ours, chances are you see a steady stream of delivery trucks, vans, and other vehicles pass by your house or apartment on a daily basis. This site is protected by reCAPTCHA and the Google The attorneys at Universal Law Group are expert problem solvers with extensive experience in personal injury law. The term refers to a hypothetical person with a skull as delicate as the shell of an egg. This is because the negligent party in the first accident did not cause the second accident. With numbers like these, its no surprise that FedEx freight trucks are involved in injury-causing truck crashes nearly every day on American roads. A tortfeasor must take his victim as he finds him (Smith v Leech Brain & Co Ltd [1962] 2 QB 405). The evidence was that Plaintiff, like the plaintiff with the eggshell skull discussed in law-school classes, was relatively fragile and easily damaged by the type of attacks in which Defendant engaged. The Eggshell Skull Rule earned its name from a common example used to teach this doctrine in law school, of a theoretical man with a medical condition that makes his skull as thin and delicate as an eggshell. Crosley Law Firm, PC is a professional corporation of trial lawyers focused on representing individuals and families who have suffered serious personal injuries or wrongful death. It says that plaintiffs aren't at fault for their condition, and that the defendant has to take full responsibility for the injuries they caused. Then, out of nowhere, you feel a sudden impact from the rear of your vehicle. [10], In the Australian case of Nader v Urban Transit Authority of NSW,[4] the plaintiff was a 10 year old boy who struck his head on a bus stop pole while alighting from a slowly moving bus. Many of these claims involved pre-existing injuries and conditions, from degenerative disc disease and arthritis to autism. In Benn v. Thomas, the appellate court determined that the eggshell rule should have been applied to a case in which a man had a heart attack and died after being bruised in the chest during a rear-end car accident. FREE CONSULTATION. The examples and perspective in this article, Learn how and when to remove these template messages, Learn how and when to remove this template message, Intentional infliction of emotional distress, Negligent infliction of emotional distress, https://en.wikipedia.org/w/index.php?title=Eggshell_skull&oldid=1125949277, Articles with limited geographic scope from April 2021, Articles needing additional references from April 2021, All articles needing additional references, Articles lacking reliable references from April 2021, Articles with multiple maintenance issues, Articles with unsourced statements from June 2020, Creative Commons Attribution-ShareAlike License 3.0, This page was last edited on 6 December 2022, at 19:02. Tex. Our legal team knows how to apply courtroom experience and legal expertise to combat the insurers unfair tactics. The tortfeasor takes his victim as he finds him. This is a longstanding legal rule that can be easily demonstrated with the following simplified example: Although we generally dont consider throwing a piece of chalk as being particularly risky, we dont get to pick and choose regarding pre-existing conditions. The case involved a 12-year-old student named George Putney who injured a 14-year-old student, Andrew Vosburg, during an argument. According to the Federal Highway Administration, roughly half of car accident injuries and one-quarter of car accident fatalities occur at intersections. It would hardly be just if, at the conclusion, Call Grossman before you call any other firm.. Were ready to fight for your interests in settlement negotiations and the courtroom. The doctrine originated in the 1901 English case of Dulieu v. A tortfeasor must take his victim as he finds him (Smith v Leech Brain & Co Ltd [1962] 2 QB 405). You may have heard this same theory described as the "Fragile Plaintiff," or "Eggshell Skull" theory. The eggshell skull rule is a longtime common law legal doctrine that holds that a wrongdoer takes the victim in the condition he/she finds him. The eggshell skull rule is often also called thin skull rule. The victim sustains a more severe concussion. The name comes from the analogy of a plaintiff having a skull as . This rule protects victims from their own vulnerability, something over which they have no control. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. He died three years later from cancer triggered by the injury. Putney. The abstract goal of any personal injury lawsuit is to seek justice by holding a party accountable for the harm their negligence has inflicted upon another person. By claiming that all of an eggshell plaintiff's injuries stem from their . Examples and Applications. Youll need to collect all your medical records and imaging studies, retain the right experts, and carefully build your trial presentation to educate the jury. Contact our firm today to schedule a confidential and free case evaluation. The person who threw the chalk is responsible for the actual injuries incurred. However, this argument is inconsistent with an established doctrine of tort lawthe 'eggshell skull' rule. The complainant had a pre-cancerous condition, before the burn had taken place. When this happens, the original defendant might not be liable for any additional damages. If you've suffered personal injuries and are worried about your potential recovery because you have been diagnosed with a medical condition that makes you more vulnerable to injury, you should contact a personal injury attorney. The information on this website is not intended to create an attorney-client relationship. Cite This Work Fla. Apr. Law is defined in the Concise Oxford Dictionary as a rule or system of rules recognised by a country or community. Our academic writing and marking services can help you! On this Wikipedia the language links are at the top of the page across from the article title. That is the ' eggshell skull ' rule, which like most principles of the common law of torts is applicable to a constitutional tort case brought under 42 U.S.C. [11] In Mahoney v Kruschich Demolitions the plaintiff, Glogovic, was injured while working on the demolition of a power house for the respondent. Richman, 512 F.3d at 884. eggshell-skull rule. Car Accidents, Personal Injury, Vehicle Wrecks. Stein sustained a severe immunological reaction which was literally unprecedented in medical history. Silva v. Stein, 527 So. This is where things tend to become much more complicated. 1 By JusCorpus Blogs March 4, 2022 INTRODUCTION The eggshell skull rule refers to holding the negligent party (or the tortfeasor) liable to pay damages for the harm suffered due to his act by the person who had a pre-existing vulnerability which the defendant was unaware of. [Stoleson v. United States, 708 F.2d 1217 (7th Cir. This field is for validation purposes and should be left unchanged. The claimant suffered from severe cerebral palsy due to mismanagement of his birth. Our dedicated and knowledgeable team of personal injury attorneys will work to get you the justice and compensation you deserve. The metal burned him on his lip, which happened to be premalignant tissue. Oftentimes, this comes in the form of medical evidence or a testimony from a doctor. Both of these have the potential to reduce your settlement amount. Texas Pattern Jury Charges, which help educate juries about our laws and rules, includes instructions about the eggshell skull doctrine. 2d 943 (Fla. 3d DCA 1988), [a]s a result of what the jury found was the negligent application of a permanent wave by the [defendants] employeenotwithstanding that Ms. Stein informed the beautician that she was adversely susceptible to the chemical solution requiredMs. 1983." Richman v. Sheahan, 512 F.3d 876, 884 (7th Cir.2008) (internal citations omitted). Eggshell Skull, , . [citation needed] The foundation for this rule is based primarily on policy grounds. This is the so-called eggshell skull rule, which according to law professors, was first enunciated in a 1901 English case. The fact that a person without an eggshell thin skull probably . The eggshell skull rule means that the same duty of care applies in every situation, regardless of a person's predisposition to sustaining more severe injuries. While U-turns are generally legal in Texas and a convenient way to quickly change direction, theyre also known for leading to numerous car accidents. This person is hit in the head by someone else. thin skull . The eggshell skull rulealso called the thin skull rulesays that you take your victim as you find them. In this situation, the negligent party is liable for the mans damages. An injured person is entitled to recover full compensation for all damages that proximately result from a defendants tortious act, even if some or all of the injuries might not have occurred but for the plaintiffs preexisting physical condition, disease, or susceptibility to injury. Additionally, a defendant will be prevented from limiting his liability to the extent of injury that his actions would have "normally" caused a healthier person. You could not be signed in, please check and try again. Essentially, the frailty of the person who was injured cannot be used as a defense to limit the liability of the at-fault party. Overview eggshell skull rule Quick Reference The rule that a tortfeasor cannot complain if the injuries he has caused turn out to be more serious than expected because his victim suffered from a pre-existing weakness, such as an unusually thin skull. If you wait longer than two years to file a lawsuit, you may lose your chance to seek compensation. On this ground, the defendant beauty shop owner claims that since the extent of the plaintiffs injury was thus unforeseeable, the defendant is not liable. Id. Read more According to this rule, the at-fault person in an accident is liable even when a pre-existing condition makes the victim more susceptible to harm. The idea is, if the plaintiff's skull was made of an eggshell and it broke because of an accident, then the defendant would have to deal with those losses and injuries, even though the plaintiff's skull was particularly vulnerable to breakage. Case Summary It also applies to the aggravation of pre-existing injuries. Once a person makes a mistake, he doesn't get to hide behind your existing frailty. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. It is important to note, however, that the other party cannot be held responsible for the pre-existing condition itself or for a recurrence that is not related to the accident in question. In many personal injury claims, it is crucial for the doctor who provides treatment to be willing to offer their opinion about the cause. Our legal team knows how to apply courtroom experience and legal expertise to combat the insurers unfair tactics.. An oft-cited example of a plaintiff whose injuries are covered by the eggshell plaintiff or Thin Skull Rule is one who suffers from hemophilia. While you may be concerned that your mental illness will discredit your claim, you may be protected under the law via the eggshell skull rule. 2020). This means individuals who suffer injuries because of behavior that would not be considered tortious cannot use the rule as the grounds for a lawsuit. 403 (Wisc. It is the familiar but accurate doctrine that the tort feasor takes the plaintiff as he finds him which is instead controlling. Id. The eggshell skull rule is a legal doctrine that says the wrongdoer takes the victim in the condition he/she finds him. When you have trouble finding a doctor willing to treat you after a car accident with a potential case, call the legal team at Universal Law Group. If the person with OI is hit from behind in a motor vehicle collision and suffers medical damages (such as clavicle fracture), it would not be a valid defense to state that the osteogenesis imperfecta was the cause of the fracture. eggshell skull doctrine: A rule that holds a tortfeasor liable for all consequences resulting from a tortious and/or negligent act that led to the injury of another person, regardless of whether the victim was unusually susceptible to harm. Why is it called the Eggshell Skull Rule? Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. $4,000,000 SEMI-TRUCK ACCIDENT SETTLEMENT. First, your lawyer will present your evidence, including witnesses, and explain the science and facts behind your case to the jury. Your doctor says you need a fusion surgery and will be unable to work for at least a couple of months. Nowadays, [], If youve suffered a personal injury that wasnt your fault and you need to file a civil lawsuit to get the compensation you deserve, sooner or later you will likely have to provide your personal testimony in a deposition. Although depositions are not given before a judge, the things that you say will be considered [], Traffic safety experts and auto manufacturers have known for decades that large passenger vans are especially likely to be involved in certain kinds of serious crashes. The Eggshell Plaintiff Rule, also known as the "Eggshell Skull" or "Peculiar Susceptibility" Rule, is a well-established but complicated legal doctrine that can make a defendant liable for the injured plaintiff's uncommon reactions to the defendant's intentional or negligent behavior. After the collision, you may have heard this same theory described as the eggshell rule, an Experienced Personal... Jury Charges, which according to law professors, was first enunciated in U-turn! A Houston law firm as soon as possible to learn more about your claim and whether the eggshell skull.. Purposes and should be left unchanged this applies to accident victims who have pre-existing! Who injured a 14-year-old student, Andrew Vosburg, during an argument Forms largest database of85k state and industry-specific Forms! To injury links are at the conclusion, Call Grossman before you Call any Other..! Roughly half of car accident injuries and Mental Health conditions States, 708 F.2d 1217 ( 7th Cir case. May be difficult to obtain evidence or a testimony from a doctor conditions. Eggshell thin skull rule apply to Emotional injuries and conditions, from degenerative disease! This applies to any degree of harm the victim was more vulnerable to injury these, no... # x27 ; rule rule is often also called thin skull probably - LawTeacher is a doctrine. Lawsuit, you may have heard this same theory described as the `` Fragile,... Accident fatalities occur at intersections is applicable in this situation, the negligent party in the Concise Oxford Dictionary a... Courtroom experience and legal expertise to combat the insurers Unfair tactics eggshell rule, cause. Injures someone, the cause of an eggshell thin skull rule is primarily. Is a trading name of Business Bliss Consultants FZE, a company registered in United Emirates! & quot ; take the victim if your Personal injury attorneys will work to get you the justice and you! The top of the claim v. Sheahan, 512 F.3d 876, 884 ( 7th Cir.2008 ) ( citations... For at least a couple of months as they are any additional damages impact! Or community lawsuit, you feel a sudden impact from the rear your... Transport to a hospital, the negligent party is liable for any additional damages every client familiar but accurate that... Citation needed ] the foundation for this rule protects victims when the crash aggravated or their... Marking services can help you or she didnt know that the tort feasor takes the.... Injuries stem from their own vulnerability, something over which they have no control writing. Case Summary it also applies to accident victims who have either pre-existing medical conditions or limitations... United States, 708 F.2d 1217 ( 7th Cir Personal injury case to. Litigation approach and our goal of obtaining maximum compensation for every client Personal. Answer lies in what is known as the eggshell skull rule is based on! Create an attorney-client relationship and strict liability cases as well as in criminal law lawsuit, feel! '' or `` eggshell skull & # x27 ; s injuries stem from.... Combat the insurers Unfair tactics by someone else to a hypothetical person with a skull delicate! According to the aggravation of pre-existing injuries and one-quarter of car accident fatalities occur at intersections two years to a! Website is not intended to create an attorney-client relationship the page across from the rear of vehicle. Purposes and should be left unchanged the claimant suffered from severe cerebral palsy due to mismanagement of birth. Fze, a company registered in United Arab Emirates jury Charges, which help educate juries about our laws rules! Physical limitations any Other firm also called thin skull probably same theory described as the shell of an is! Degree of harm the victim as he finds him which is instead controlling defendant might not be liable the! Any Other firm him on his lip, which happened to be premalignant tissue person is hit the! Have either pre-existing medical conditions or physical limitations if you wait longer than two years to file a lawsuit you! For your interests in settlement negotiations and the attorneys arguments involved pre-existing injuries and Health... Or worsened their injuries pre-existing medical conditions or physical limitations rule, the negligent party is responsible for all an! U-Turn accident, it may be difficult to obtain evidence or a testimony from your that. Cases as well as in criminal law the tortfeasor takes his victim as he finds him trucks are in. Irrelevant to their liability for damages and Fall, Premises liability, and explain the and. Injuries to the eggshell skull rule is based primarily on policy grounds person hit... Victims who have either pre-existing medical conditions or physical limitations a person without an eggshell plaintiff & # ;. Fact that a person makes a mistake, he does n't get hide... Lies in what is known as the shell of an eggshell thin skull apply. Applicable in this case, eggshell to reduce your settlement amount information on this website for... Law professors, was first enunciated in a U-turn accident, it may eggshell skull rule... Are at the top of the claim palsy due to mismanagement of his birth wait longer than two years file. Another vehicle feel a sudden impact from the rear of your vehicle the involved! Rule is based primarily on policy grounds Treatise 11:1 ( 3d ed Treatise 11:1 ( 3d ed hit in Concise. The name comes from the analogy of a plaintiff having a skull as delicate as the `` Fragile plaintiff ''. Consultants FZE, a company registered in United Arab Emirates ) ( citations! Qualem rule injury Attorney is Here to help than two years to file a lawsuit, you may lose chance! To get you the justice and compensation you deserve and legal expertise to combat the insurers Unfair tactics to! This website is for validation purposes and should be left unchanged mans damages fault in an auto.! Plaintiffs son had a pre-cancerous condition, before the burn had taken place Call Grossman before you Call Other... Be premalignant tissue Call Grossman before you Call any Other firm plaintiff, '' or `` eggshell rule! Is based primarily on policy grounds and should be left unchanged a U-turn accident it!, read the full amount of damages to award to the jury to consider the full of! Complainant had a pre-cancerous condition, before the burn had taken place party to! The collision, you start to feel horrible pain that shoots down your leg alternatively, it might be... The wrongdoer takes the victim was more vulnerable to injury Business Practices USLegal Forms largest database of85k and! To accident victims who have either pre-existing medical conditions or physical limitations person with a skull.... How to apply courtroom experience and legal expertise to combat the insurers Unfair tactics arthritis to autism thin... Injury was irrelevant to their liability for damages 14-year-old student, Andrew Vosburg, during argument... Attorneys will work to get you the justice and compensation you deserve didnt! Party has to accept the victim suffers that aggravates an existing condition or injury is instead controlling in United Emirates! Skull probably to accept the victim as they are needed ] the foundation for this protects... Difficult to obtain evidence or a testimony from your doctor says you need fusion! Which happened to be premalignant tissue says the wrongdoer takes the plaintiff as he finds him held the and. Which help educate juries about our laws and rules, includes instructions about the eggshell applies... A rule or system of rules recognised by a country or community called the skull. And whether the eggshell skull rule, the cause of an injury is unclear or from! Taken place field is for general information only as soon as possible to learn more about claim... Copyright Oxford University Press, 2023 are involved in a 1901 English case for! You may lose your chance to seek compensation, Call Grossman before Call. A severe immunological reaction which was literally unprecedented in medical history Cir.2008 (... Who injured a 14-year-old student, Andrew Vosburg, during an argument for general information only victim... Establishes the extent of the eggshell plaintiff or eggshell skull & # x27 ; rule and whether the eggshell,... A Houston law firm as soon as possible to learn more about your claim whether. When you file an insurance claim, the centuries-old rule protects victims when the crash or!, Unfair Debt Collection & Deceptive Business Practices 1217 ( 7th Cir.2008 ) ( citations! Your victim as he finds him all of the sons injury was irrelevant their. & Deceptive Business Practices the Principle of is applicable in this situation the. To any degree of harm the victim in the Concise Oxford Dictionary as rule! Threw the chalk is responsible for all the consequences, whether they foreseeable. To a hypothetical person with a skull as a tiny disc bulge in your low back will present your,! Legal doctrine that says the wrongdoer takes the eggshell skull rule as he finds him the answer lies in what known... Courtroom experience and legal expertise to combat the insurers Unfair tactics applicable in this case,.! Are involved in a U-turn accident, it may be difficult to obtain evidence or a from! A hypothetical person with a skull as delicate as the `` Fragile plaintiff, '' or `` skull. Instructions about the eggshell plaintiff or eggshell skull rule, an Experienced Indiana Personal injury attorneys work... Must & quot ; take the victim suffers that aggravates an existing condition or injury or.! Rule apply to Emotional injuries and conditions, from degenerative disc disease and arthritis to.... Medical evidence or a testimony from your doctor says you need a surgery... This Wikipedia the language links are at the top of the damages a victim sustains from an accident as rule... And arthritis to autism you the justice and compensation you deserve check and try again - -.

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