How does the eggshell skull rule affect car accident cases

Under the eggshell skull rule, an at-fault party in a car accident is legally liable for the victim’s injuries even when their injuries were worse because of their already fragile condition. The individual whose negligence caused the accident must accept the plaintiff as they are, recognizing that some people may be more susceptible to severe injuries due to their unique health situations. But what exactly is this rule, and how does it influence car accident cases in Arizona?

What Is the Eggshell Skull Rule?

The eggshell skull rule comes from the understanding that not everyone has the same physical strength. The idea that some people’s health conditions make them fragile like an eggshell suggests they are more likely to suffer severe injuries than other people might, even from a seemingly minor accident. The eggshell skull rule mandates that if an individual is at fault for an accident, they are responsible for all injuries resulting from it – even if the injuries are unexpectedly severe due to the victim’s pre-existing conditions.

Is the Eggshell Skull Rule Considered a Pre-Existing Condition?

The eggshell skull rule is not, in itself, a pre-existing condition. The rule is about the congenital or pre-existing condition of the injured party. The principle protects victims with pre-existing conditions or vulnerabilities that make them more prone to severe injuries. In other words, the eggshell skull rule recognizes pre-existing conditions but does not treat them as an excuse for the at-fault party to limit their liability.

Does Arizona Follow the Eggshell Skull Rule?

Arizona follows the eggshell skull rule. A defendant in a personal injury case can be legally accountable for the victim’s injuries in the Grand Canyon State, even if the victim was fragile or had a pre-existing condition that was exacerbated by the crash. Under Arizona law, defendants must “take their victims as they find them.” Regardless of the victim’s pre-existing condition, the defendant is responsible for all the victim’s injuries and losses if the insurance company or court of law finds them at fault for the accident.

Can the Eggshell Skull Rule Also Apply to Emotional Injuries from the Car Accident?

The eggshell skull rule can apply to both physical and emotional injuries. The defendant may be held responsible if a car accident triggers or intensifies emotional distress, anxiety, or a psychiatric condition. Emotional injuries, like physical injuries, can significantly affect a person’s life. The victim can pursue compensation for these losses under the eggshell skull rule.

What Is the Crumbling Skull Rule, and How Is It Different Than the Eggshell Skull Rule?

The crumbling skull rule is a counterpoint to the eggshell skull rule. The crumbling skull rule argues that if a victim’s condition was deteriorating before the accident, the defendant might not be fully responsible for the resulting damages. The critical difference lies in whether the victim’s pre-existing condition would have inevitably worsened regardless of the accident.

One consequence of the crumbling skull rule is that the injured individual cannot expect compensation from the at-fault party to restore them to a better state than they would have been in had the accident never occurred.

Are Medical Records Important in Proving the Eggshell Skull Rule at a Trial?

Medical records are pivotal in personal injury cases, especially when using the eggshell skull rule. They provide definitive proof of a victim’s pre-existing conditions and injuries from the accident. Records can also demonstrate the direct link between the accident and the worsening of the pre-existing condition or vulnerability. Keeping accurate and comprehensive medical records is crucial when filing a personal injury claim.

What Car Accident Injuries Might Fall Within the Eggshell Skull Rule?

The eggshell skull rule can apply to many injuries, ranging from common car accident injuries to rare and unusual ones. Here are a few examples:

• Broken bones – Some individuals may have medical conditions that make their bones more fragile. A minor collision for a healthy person could lead to severe fractures for the more vulnerable victim.
• Whiplash – This common car accident injury could be particularly severe for individuals with prior neck or spine issues.
• Facial injuries – A car accident could lead to more extensive facial injuries for people with pre-existing dental issues or fragile bones.
• Back injuries – Victims with existing back problems could experience a dramatic worsening of their condition after an accident.

What Is the Arizona Statute of Limitations for Filing a Car Accident Lawsuit?

Arizona’s statutory limitation period for filing a personal injury lawsuit is two years from the accident date. However, you should always begin the legal process as soon as possible. Gathering evidence, obtaining medical records, and building a solid case can take time. The sooner you start, the better your chances are of successfully proving the extent of your injuries and their connection to the accident.

Contact an Arizona Car Accident Lawyer

Understanding and applying the eggshell skull rule in a personal injury case can be complex. But the bottom line is that your unique health situation should never keep you from seeking compensation for your injuries after a crash caused by another’s negligence. You are entitled to justice, just like anyone else. That’s why it’s vital to seek the help of experienced personal injury attorneys.

At Mushkatel, Gobbato, & Kile, P.L.L.C., our team combines over 50 years of legal experience to provide personalized and comprehensive services. We understand that each case is unique and approach it with the diligence it deserves. Our attorneys can guide you through every step of your case, from gathering evidence to representing you in court. Our clients come from the Phoenix metro area, including Glendale, Scottsdale, Sun City, Surprise, Peoria, and surrounding Arizona communities.

If you believe the eggshell skull rule may apply to your situation, contact us for a consultation to answer your questions and evaluate your case. Contact Mushkatel, Gobbato, & Kile, P.L.L.C. today, and let us fight for the justice and compensation you deserve.

Visit Our Arizona Car Accident Law Offices

About the Author

Zachary Mushkatel

Zachary Mushkatel discovered his affinity for the law by chance. As a political science major at the University of Arizona, he first aspired to become a professor. But an unexpected invitation to participate on a mock trial team at the university encouraged him to turn his competitive spirit and drive…