According to the Genetic and Rare Diseases Information Centre, as many as 25 million people in the US have been diagnosed with rare diseases, of which there are approximately 6,000 different varieties.
What is the impact of this on personal injury cases? A number of diseases—many rare, many not—can affect someone’s susceptibility to injury in an accident or to suffering injuries that are more severe than any person without the disease would have suffered.
This is why the eggshell skull rule—also sometimes called the thin skull rule—exists within law. If you have been injured and experienced severe injuries due to a pre-existing disease or disorder, our personal injury lawyer in Miami is willing to represent your case and help you to claim damages against the perpetrators.
Here’s what the eggshell skull rule means and how it can apply to personal injury cases.
Explaining the Eggshell Skull Rule
The best way to explain the eggshell skull rule is with a practical example commonly used when people first encounter it in law school.
One theoretical example of the eggshell skull rule says that two fictitious people are involved in a fight. The second person is injured but has a skull as thin as an eggshell, and this person is injured more so than anyone would have expected.
A slightly more practical example can replace the eggshell skull with a medical condition, rare or not, that could affect the way they are injured.
Imagine that two people have a disagreement, let’s call them Person A and Person B. Person A punches Person B on the cheek during their disagreement. Let’s say that Person B has a medical condition such as hemophilia, or delayed blood clotting, which means that they die from the altercation.
The eggshell skull rule becomes important here. It states that person A will be liable for all damages that arise from the altercation, even if the damages are more severe than expected.
Where anyone without a medical condition might have suffered some light bruises, the same is not true for connective tissue disorders like Ehlers–Danlos or Marfan Syndrome or for conditions like hemophilia.
Have you suffered more severe injuries due to a medical condition? Consult with a personal injury lawyer in Miami to find out if you have a claim.
Examples of the Eggshell Skull Rule
Many other practical examples put the eggshell skull rule into play. To name just one, if a person is involved in a minor car accident that causes their neck to crack because of an underlying connective tissue disorder, then the guilty party will be liable for the damages as defined by the eggshell skull rule.
If you’ve been injured in any cases similar to the examples above, then your case might be subject to the eggshell skull rule in practice. You could be entitled to claim damages against the parties who caused the injury, regardless of whether they were aware of the underlying medical condition when the injury occurred.
A Miami personal injury attorney can take a closer look at the details of your case and recommend which steps you should take.
You Could Have a Claim
Many medical conditions are subject to the eggshell skull rule in court. If you have suffered any severe injuries because of an underlying medical condition, then book a consultation with our Miami personal injury lawyer now.
We handle a variety of cases, so call us now if you have any questions.
View more contact information here: Miami Personal Injury Attorney.
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