People who suffer an injury in a car crash often believe that they won’t be able to seek compensation for pre-existing conditions. In Florida, that isn’t how the law works. Having a prior injury or medical condition doesn’t automatically erase responsibility if a wreck makes that condition worse.
Florida law follows what’s known as the “eggshell skull rule,” which is also known as the thin skull rule. In the most basic sense, it means that the victim is taken as they are, so the responsibility of a negligent party isn’t minimized just because the victim had a prior condition that made them more vulnerable.
Why is this rule important?
Under this rule, a person can’t avoid responsibility just because the injured person was more fragile than the average person. If the crash causes an injury, the law doesn’t require that the person prove that their pre-existing condition didn’t contribute to the injuries from the wreck.
This rule is important in cases involving people who are older or those who have previously documented medical histories. When the injured party seeks compensation, the defense may seek for medical records to be released as part of the discovery process. If this rule wasn’t in place, any previously documented injuries or issues could be used to reduce the liability of the liable party, which could lower or eliminate the compensation the injured individual would receive.
Insurance adjusters may try to minimize claims by focusing on medical histories, particularly through claims that symptoms existed prior to the crash and that the wreck didn’t play any role in the symptoms. This confuses causation with history, but that isn’t a concern since this role is in place.
Even though the eggshell skull rule is built into Florida law, some defenses against personal injury claims may still attempt to utilize mirroring concepts. This can be complex to fight against, so it’s beneficial for victims who have pre-existing conditions to work with someone who can assist with building their case and battle against similar tactics to reduce or eliminate their compensation.
