If you’ve been injured in an accident and you have a pre-existing health condition, you might worry that your injury claim won’t hold up. You might think the other party’s insurance company will use your medical history against you. The good news is that the law protects you through a legal principle called the eggshell skull rule. This rule allows people with pre-existing conditions to recover full compensation for injuries caused by someone else’s negligence. Understanding how this rule works can help you feel confident about pursuing your claim, even if you had health issues before your accident. At Brach Eichler Injury Lawyers, we help clients throughout New Jersey navigate these complex claims.
What Is the Eggshell Skull Rule?
The eggshell skull rule is a legal doctrine that holds a defendant responsible for the full extent of injuries they cause. This applies regardless of whether the victim had a pre-existing condition that made them more vulnerable to injury. According to the Cornell Law School Legal Information Institute, this principle is rooted in common law and has been consistently applied across jurisdictions. The rule gets its unusual name from a simple concept: imagine someone has a skull as fragile as an eggshell. If another person hits them, even gently, the injury could be severe. The person who caused the harm remains fully liable for that severe injury. This is true even though a person with a normal skull might have suffered only minor harm from the same blow.
In legal terms, courts say the defendant must “take the victim as he finds him.” This means the at-fault party cannot escape responsibility by claiming the victim was unusually fragile. They cannot blame pre-existing health problems either. If the defendant’s negligent actions caused or worsened an injury, they owe compensation for the full extent of that injury. The rule applies even if the defendant did not know about the victim’s pre-existing condition. This is especially true for asymptomatic conditions—health issues (like degenerative disc disease) that you had but weren’t causing you pain before the crash. If an accident ‘lights up’ a dormant condition and makes it painful, the law typically treats this as a new, fully compensable injury.. The New Jersey Courts website provides official guidance on how courts apply this doctrine in the state.
How the Rule Protects Injury Victims
The eggshell skull rule provides important protection for people with pre-existing conditions. Without this rule, insurance companies could argue that your injuries resulted from your existing health problems rather than the accident. They could claim they should pay less because you were already vulnerable. The eggshell skull rule prevents this unfair outcome.
Here’s what the rule actually covers: The defendant is liable for all injuries that result from or are worsened by their negligent actions. If you had osteoporosis before a car accident, and the accident caused a severe fracture that a person without osteoporosis might not have suffered, the defendant still owes you full compensation for that fracture. The rule does not, however, make the defendant responsible for your pre-existing condition itself. They only owe compensation for the harm their actions caused or made worse.
This distinction matters. Let’s say you had chronic back pain before an accident. The accident causes additional back injuries that significantly worsen your condition. The defendant owes you compensation for the new injuries and the worsening of your condition. They do not owe you compensation for the chronic pain you had before the accident occurred. Understanding this distinction helps you prepare for settlement negotiations and ensures you pursue the full compensation you deserve. Your pre-accident medical history is crucial evidence in these cases. The American Medical Association provides standards for medical documentation that support these claims.
Why Choose Brach Eichler Injury Lawyers
At Brach Eichler Injury Lawyers, our experienced attorneys focus on personal injury cases. Our legal team works hard to get the best possible results for each client. We understand that pre-existing conditions complicate injury claims. Insurance companies know this, too, and they use it as a strategy to reduce what they pay.
We have handled hundreds of cases involving clients with pre-existing medical conditions. We know exactly how insurance companies challenge these claims. We know what evidence you need to prove that the accident caused or worsened your injuries. We know how to counter the defense tactics insurance companies use. Our team takes time to understand your unique situation. We investigate your case thoroughly and gather medical records. We work with medical experts to perform a comparative analysis. By comparing your pre-accident medical records (baseline) with post-accident imaging (MRI/CT), we can scientifically prove exactly how the accident aggravated your condition, preventing the insurance company from dismissing your new pain as just ‘old age’ or ‘wear and tear.’ With over $700 million recovered for our clients across New Jersey, we have the experience and track record to fight for the compensation you deserve.
Common Examples of the Eggshell Skull Rule
Understanding how the eggshell skull rule works in real situations helps clarify its importance. Here are several common scenarios where this rule protects injury victims:
Osteoporosis and a Fall: A person with osteoporosis has weak, brittle bones. They slip on ice in a parking lot due to the property owner’s failure to salt the walkway. A person without osteoporosis might have walked away with minor bruises. This person suffers a severe hip fracture requiring surgery and months of recovery. The property owner is liable for the full cost of the fracture, surgery, and recovery, even though the fall was relatively minor. This type of case falls under premises liability law, where property owners have a duty to maintain safe conditions. Slip and fall accidents are among the most common premises liability claims we handle. According to the National Safety Council, falls are a leading cause of unintentional injury.
Hemophilia and a Minor Injury: Someone with hemophilia, a bleeding disorder, is in a car accident caused by another driver’s reckless behavior. The accident causes a small cut that would be minor for most people. For someone with hemophilia, this small cut leads to severe bleeding. This requires emergency medical treatment and hospitalization. The at-fault driver owes compensation for all medical expenses and damages resulting from the bleeding, not just what a typical injury would cost. These cases demonstrate why medical evidence is so critical to proving your claim. The American College of Emergency Physicians provides clinical guidelines for treating bleeding disorders in emergency settings.
Prior Concussion and a Head Impact: A person who suffered a concussion years ago is hit in the head during a slip and fall at a store. The impact is relatively minor, but because of the previous concussion, it triggers a traumatic brain injury with lasting cognitive effects. The store is liable for the full extent of the brain injury, even though the impact itself was minor. Traumatic brain injuries can have serious long-term consequences that significantly impact your quality of life and earning capacity. Understanding how traumatic brain injury impacts future employment is essential when calculating damages. The Centers for Disease Control and Prevention provides comprehensive information on traumatic brain injury diagnosis and treatment.
Allergy Sensitivity and Exposure: Someone with a severe peanut allergy is served food containing peanuts at a restaurant due to the server’s negligence in not asking about allergies. The allergic reaction is severe and requires emergency medical care. The restaurant is liable for all medical expenses and damages from the allergic reaction. These premises liability cases show how the eggshell skull rule protects vulnerable individuals. The American Academy of Allergy, Asthma & Immunology documents the severity of allergic reactions and their medical management.
How Insurance Companies Challenge These Claims
Insurance companies understand the eggshell skull rule, but they work hard to minimize its impact on their payouts. Knowing their tactics helps you prepare for the claims process. Insurance adjusters often argue that your pre-existing condition, not the accident, caused your injuries. They request extensive medical records to find evidence that your condition was already severe before the accident. They may hire their own medical experts to testify that your injuries would have occurred anyway, regardless of the accident.
Insurance companies use a strategy called ‘apportionment’ to try to split responsibility between the accident and your pre-existing condition. However, New Jersey law protects you here. Under the legal doctrine established in Scafidi v. Seiler, the burden of proof is on the insurance company to demonstrate exactly which part of your injury pre-dated the accident. If they cannot clearly separate the old injury from the new aggravation, they may be liable for the entirety of your condition. They may also delay processing your claim while they investigate your medical history, hoping you’ll accept a lower settlement out of frustration. Understanding what not to say to an insurance adjuster can protect your claim.
This is why having legal representation matters. An experienced personal injury attorney knows how to respond to these tactics. We gather medical evidence showing the clear connection between the accident and your injuries. We work with medical experts who can testify about causation. We document how the accident worsened your condition. We handle all negotiations with insurance companies, protecting your rights and ensuring you receive fair compensation. Our attorneys have extensive experience with insurance claim processes and know how to counter insurance company arguments. The National Association of Insurance Commissioners provides standards for fair claims handling practices.
Frequently Asked Questions
Does the eggshell skull rule apply in New Jersey?
Yes, New Jersey recognizes and applies the eggshell skull rule. Courts in New Jersey have consistently held that defendants are liable for the full extent of injuries they cause. This applies even when the victim had a pre-existing condition that made them more vulnerable to injury. This protection applies to all types of personal injury cases in the state, from car accidents to workplace injuries.
What if I had a pre-existing condition before my accident?
Having a pre-existing condition does not disqualify you from recovering compensation. The eggshell skull rule specifically protects people in your situation. You can recover for any injuries caused by or worsened by the accident. You will need to prove that the accident caused or exacerbated your condition, but your pre-existing health problems do not prevent you from filing a claim. Our attorneys can help you gather the necessary documentation to support your case.
Can I recover for damages if my injury was worse because of my health condition?
Yes. If your pre-existing condition made your injuries worse than they would have been for someone without that condition, you can still recover full compensation for those worse injuries. The defendant takes responsibility for the full extent of harm they caused. This is true even if that harm was greater because of your medical history. You may be entitled to recover loss of future income and other damages related to your worsened condition.
What types of damages can I recover under this rule?
You can recover both economic and non-economic damages. Economic damages include medical bills, future medical expenses, lost wages, and costs of disability accommodations. Non-economic damages include pain and suffering and emotional distress. The specific damages available depend on the details of your case and the severity of your injuries. Understanding how much to ask for in a personal injury settlement can help you evaluate settlement offers.
How do I prove my pre-existing condition was exacerbated by the accident?
You will need medical evidence showing your condition before the accident and your condition after the accident. Medical records, doctors’ testimony, and imaging studies help establish this connection. An experienced personal injury attorney works with medical experts to build a clear timeline showing how the accident worsened your condition. We know how to request medical records and present them effectively to insurance companies.
Will my pre-existing condition reduce my compensation?
Your pre-existing condition itself should not reduce your compensation. The defendant is liable for the full extent of injuries they caused or worsened. However, insurance companies will try to argue that your condition reduces what they owe. This is why legal representation is important. An attorney protects your rights and ensures you receive fair compensation despite insurance company arguments. We understand how much lawyers usually take from a settlement and work on a contingency basis so you pay nothing unless we recover for you.
Next Steps for Your Injury Claim
If you have been injured in an accident and you have a pre-existing condition, taking the right steps now protects your claim. First, seek medical attention immediately, even if your injuries seem minor. Medical documentation creates a record of your condition after the accident. Second, keep detailed records of all medical treatment, expenses, and how your injuries affect your daily life. Third, avoid discussing your case with insurance adjusters without legal representation. Anything you say can be used against you.
Document how the accident has impacted your life. Keep a journal of your symptoms, pain levels, and limitations. Take photographs of any visible injuries. Gather witness contact information if anyone saw the accident. Preserve all evidence related to the accident, including damaged property and clothing. These steps create a strong foundation for your claim. Learn more about what to do if you are involved in a motor vehicle accident.
Contact Brach Eichler Injury Lawyers for a free consultation. We will review your case and explain your rights under the eggshell skull rule. We will discuss your options with you. We work on a contingency basis, which means you pay no fees unless we recover compensation for you. Our team handles all aspects of your claim, from investigation through settlement or trial, so you can focus on healing.
If your injuries prevent you from visiting our office, one of our attorneys will come to your home or hospital room. We are available 24 hours a day to answer your questions and provide the support you need during this difficult time.
Call (973) 364-8300 today for your free consultation. Let Brach Eichler Injury Lawyers fight for the compensation you deserve.
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We are the trial attorneys with the experience and knowledge to get you the results you deserve. At Brach Eichler Injury Lawyers, we take time to get to know you, as well as your case. We are committed to excellence. It is important for our team to understand your fears, concerns and expectations. We are always available to answer any questions, and are willing to come to you if you are unable to come to us.
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