Personal injury accident cases can be somewhat complex depending on the particular circumstances of the case. In some instances, a victim, or plaintiff, may have a pre-existing medical condition that can compound the injuries they’ve sustained as a result of an injury accident. The thin skull rule exists for the benefit of such injured plaintiffs. Corpus Christi injury attorney Michael Grossman helps to explain this rule in the following informational article.
The thin skull rule is a unique legal term that is brought into play when a victim with a pre-existing medical condition has been injured by the negligence of another party. In such instances, the defendant will still be held responsible for the victim’s injuries, even if those injuries are more extensive because of the victim’s prior medical condition. The rule is applied regardless of whether or not the defendant knew about the plaintiff’s prior medical condition. The rule requires, essentially, that a defendant takes a plaintiff “as they find them,” which ensures that a defendant cannot rely upon the plaintiff’s susceptibility to injury as a way to refuse their own liability for the injury.
Many victims in personal injury accident cases that have prior existing medical conditions are often unaware of the existence of the thin skull rule. This can sometimes mean that these particular plaintiffs are reticent to pursue legal action since they mistakenly believe that they’re likely not able to recover compensation due to their pre-existing conditions. Simply because a pre-existing medical condition causes a plaintiff’s injuries to be more severe does not mean that the person is less likely to receive compensation as a result. An experienced attorney, like a Midland injury lawyer, understands the thin skull rule and can use such a rule to help a victim seek proper compensation for their injury. If you or someone you know happens to be in such a situation, they are encouraged to contact a legal professional, like Fort Worth personal injury lawyer Michael Grossman, in order to learn more about the thin skull rule and how it might apply to that particular personal injury accident case.