Personal Injury Lawsuits and the Eggshell Skull Rule
When one person negligently or carelessly injures someone else, personal injury law generally dictates that the person who caused the harm is responsible for compensating the injured party for the losses sustained. For instance, if a bike repairman negligently forgot to tighten the screws on a child’s bike, and as a result, the bike falls apart while the child is on it and cuts her arm, then the negligent repair man would likely be responsible to pay for child’s stitches etc. But what if the child just so happens to be a hemophiliac and as a result suffers severe blood loss and is hospitalized for several days? Is the repair man required to pay for her hospital stay even though an “average” child would not have suffered severe blood loss? Thanks to the eggshell skull rule the answer here in Florida would likely be yes.
What is the Eggshell Skull Rule?
Florida’s eggshell skull rule holds that a personal injury defendant is liable for the full extent of the plaintiff’s injuries, no matter what the plaintiff’s predisposition to injury may be. In other words, the defendant must take the plaintiff (i.e. the injured party who is suing) as he finds her.
Is it a Good Idea to Admit to Pre-existing Conditions?
Personal injury plaintiffs who suffer from a worsened pre-existing condition may be reluctant to admit that the pre-existing conditions were present prior to the defendant’s tortious act. While this reluctance is understandable, it is never advisable to hide or fail to disclose a pre-existing condition. Thanks to the eggshell skull doctrine, a pre-existing condition will not bar you from recovering compensation for any exacerbated injuries.
Need Legal Advice?
If you were injured by someone else’s negligent or wrongful act, please understand that you are likely entitled to recover compensation regardless of whether or not the harm that you suffered involved the exacerbation of a pre-existing condition or injury. If you have any questions about filing a personal injury claim in Florida, or if you would like to discuss your legal options with an experienced Florida personal injury lawyer, feel free to contact Piccin & Glynn, Attorneys at Law, today. We would be happy to setup a free initial consultation for you at our Ocala office, simply give us a call at (352) 877-2751.