What Is the Eggshell Skull Rule?

Apr 30, 2020
Personal Injury Law

When it comes to personal injury cases, understanding the various legal doctrines is crucial. One such doctrine that often comes up is the Eggshell Skull Rule. In this article, we will dive into the depths of this rule and explore its implications in personal injury lawsuits.

The Basics of the Eggshell Skull Rule

The Eggshell Skull Rule, also known as the Eggshell Plaintiff Rule, is a legal principle that states that a defendant is liable for the full extent of a plaintiff's injuries, even if the plaintiff had a pre-existing condition or was particularly susceptible to harm. In other words, the defendant must "take their victim as they find them."

For example, let's say someone with a pre-existing medical condition is involved in a car accident and sustains additional injuries. Even though their injuries might be more severe than those of an average person, the defendant is still responsible for compensating them for the damages caused.

Understanding the Implications

The Eggshell Skull Rule is based on the idea that defendants should be held accountable for the consequences of their actions, regardless of the plaintiff's pre-existing conditions or vulnerabilities. This rule ensures that those who cause harm are held responsible for the harm they cause.

It is essential to note that the defendant is not responsible for the plaintiff's pre-existing condition itself, but only for the additional harm caused by their actions. This distinction is crucial in determining the extent of liability in a personal injury case.

Applying the Eggshell Skull Rule

In personal injury cases, applying the Eggshell Skull Rule can be complex. It requires a thorough understanding of the legal precedents, as well as a careful examination of the unique circumstances of each case.

When determining liability, a court will assess various factors, including the defendant's actions, the extent of the plaintiff's pre-existing condition, and the causal relationship between the defendant's actions and the plaintiff's injuries. Expert testimony from medical professionals may play a crucial role in establishing the extent of the plaintiff's injuries.

Seeking Legal Representation

If you or a loved one has been injured due to someone else's negligence, it is crucial to seek legal representation from an experienced personal injury attorney who understands the complexities of the law. Montgomery Law, led by James D Jones, is a renowned law firm specializing in personal injury claims.

With years of experience and a track record of successful cases, James D Jones and his team have the expertise and knowledge to handle cases involving the Eggshell Skull Rule. They will fight tirelessly to ensure that you receive the compensation you deserve for your injuries, medical expenses, lost wages, and emotional trauma.

Contact James D Jones Today

To schedule a free consultation with James D Jones and his team, contact Montgomery Law by phone at 123-456-7890 or through their website. With their exceptional legal representation, you can focus on your recovery while knowing that your case is in capable hands.


The Eggshell Skull Rule is a significant legal doctrine that protects the rights of plaintiffs who have pre-existing conditions or vulnerabilities. Understanding how this rule applies in personal injury cases is crucial when seeking compensation for damages.

By seeking the guidance of an experienced personal injury attorney like James D Jones and his dedicated team at Montgomery Law, you can ensure that your case is handled with the utmost care and expertise. Don't hesitate to reach out and seek justice for your injuries.

Marina Vaserman
Fascinating rule! 🔍🥚
Oct 15, 2023