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Durham Personal Injury Lawyer – What If I Have a Pre-Existing Medical Condition (The Thin Skull Rule)


If you have been personally injured due to someone else’s negligence, your pre-existing injuries may have been aggravated due to their negligent actions. If you have pre-existing injuries and have suffered a personal injury, you need to contact Durham Lawyer, the attorneys at Wallace Pierce Law. Wallace Pierce Law can assist you in determining how to proceed with your complicated personal injury lawsuit or case.

The Egg Shell Skull Rule, also known as The Thin Skull Rule, is a simple rule of law. The name is a reflection of what the law entails. If someone had an egg shell-like skull i.e., a very thin skull, they would be more likely to sustain injuries as a result of an accident. This law is a way to protect the more fragile people who fall victim to another person’s negligence.

If you have been injured in an accident and you have a pre-existing injury, you may be entitled to recover for your injuries despite what the insurance company says. The at-fault driver may not be allowed to reduce your damages for your personal injuries for your pre-existing condition.

For example, if a not-at-fault driver had Osteogenesis Imperfecta (also known as the “Brittle Bone Disease”) their involvement in a car accident may result in greater injuries than someone who does not have this disease. Under the Egg Shell Skull Rule, the fact that the not-at-fault driver is unexpectedly frail cannot be used as a defense against recovery for their injuries. Even though the at-fault driver was not aware of the frailty of the driver, they would still be liable for the damages they caused even though more extreme than was foreseeable.

In 1998 The North Carolina Supreme Court stated that the thin skull theory could be applied not only to physical injuries but mental injuries as well. This opened up a wider range of recovery for victims of car accidents whose frail mental state had been aggravated by an accident caused by a negligent driver.

The treatments for physical and mental injuries are significantly different. Costs and recovery times often vary between the types of injuries. It is in your best interest to contact a Durham Personal Injury Lawyer, at Wallace Pierce Law to discuss the proper course of action for your aggravated injuries.

The attorneys at Wallace Pierce Law are experienced, knowledgeable, and prepared to handle your case. Call today for a free consultation with a Durham Personal Injury Lawyer.

If you have been injured in an accident, it is absolutely essential that you seek immediate medical attention before contacting an attorney.

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