Anytime you leave the house and get into your car, you probably bring the same three things: Your keys, a cell, and your ID. Some folks also bring a preexisting ailment like a sore back or achy muscles.
Those preexisting ailments could make driving a long trip uncomfortable. They also could be a factor in an accident. That is referred to as the eggshell skull rule. It is essential to understand this legal concept if you ever need to file a claim or a personal injury lawsuit.
According to the Pennsylvania Department of Transportation, there are 302 traffic crashes each day, which is around 13 crashes every hour. When those crashes involve an injury, an insurance company denies a claim because of preexisting conditions, which can lead to a courtroom.
Thanks to the Affordable Care Act, insurance companies can not deny coverage to someone because of a preexisting condition. However, that only applies to direct medical conditions. It does not apply to injuries that are the result of an accident.
That means an insurance company could argue that your back pain from a rear-end collision is the same back pain that you were treated for before the accident. That means you shouldn’t be compensated for that pain.
On the other hand, the accident could have exacerbated the back pain. In that situation, you should get compensation for pain and suffering.
What is the Eggshell Rule?
Lawyers should be familiar with the Eggshell Skull Rule because it is taught in law school. The rule presents a hypothetical situation in which a plaintiff has a medical condition that makes his skull thin. If that plaintiff gets into an accident, he could sustain more severe injuries to his brain. The rule finds that the person held liable for the accident is responsible for any injuries that resulted from the accident.
When applied in a personal injury claim, the Eggshell Skull Rule prevents the plaintiff from being offered less financial compensation than the insurance carrier feels they deserve because of the pre-existing medical condition. Of course, that doesn’t mean the insurance carrier won’t try to establish that the injuries caused by their client might not result from the accident.
It is important to remember that Eggshell Skull Rule applies to “as-is” damages.
In other words, you can’t receive compensation for an injury or ailment that was present before the accident. As an extreme example, if you get into an accident and need to have X-rays and the X-ray reveals a tumor, you can’t get payment to treat the tumor. You can only receive a remedy for an injury caused in the accident.
Emotional Damages
One important exception to the Eggshell Skull Rule pertains to emotional injuries.
You would not be able to collect compensation for a preexisting emotional issue.
For instance, someone could have been in treatment for post-traumatic stress disorder from an unrelated incident. That would not apply to the accident. Even though PTSD could be exacerbated, it would be hard to differentiate that condition.
Gathering Evidence
Your medical records will be an important part of your personal injury claim. However, those records will include your medical history. That can establish those preexisting conditions. They can also detail all the issues you have as a result of the accident, including any ongoing need for physical therapy or medications.
You’ll need to gather some of the other types of evidence:
Pay Stubs
Your injuries could keep you from work while you recover. It could also lead to you not being able to return to the job. Your pay stubs can establish your lost wages and your potential earnings.
Police Report
If the police were called to the scene of the accident, you’ll want to obtain a copy of your crash report. That can help establish who was at fault in the accident. It will also document your injuries, which further supports your claim.
Video and Photos
Depending on where the accident occurred, video surveillance footage could support your version of events. There could also be dashboard camera footage and video and photos from your cell phone taken at the scene of the accident.
Safety Reports and Inspection Logs
If your injury occurred at a business or public space, there could be safety reports and inspection logs that could establish a pattern of neglect.
Witness Statements
There could also be a witness who can provide testimony to corroborate your claim.
Taking on the Denial
Insurance companies will look for any excuse to deny a claim for the injuries from your accident. Before that can happen, you should get support from the Shrager Sachs & Blanco team to help process that claim. We know how to present your evidence to insurance companies and negotiate for a fair remedy. If needed, we can also support filing a lawsuit against the at-fault parties.
We can discuss your concerns about preexisting conditions and how they relate to your accident. Call to schedule a consultation today.
