you are still entitled to be fully compensated for injuries despite that you would not have been so severely injured was it not for your preexisting condition.In the world of personal injury law, this is referred to as the “Eggshell” Plaintiff or Eggshell Skull rule. A ...
frameworks, concepts, and rules by which tort claims are made and compensated. The psychologist's work is particularly difficult and useful鈥攚hen there is an interaction between old and new injuries and conditions, which invokes the legal concepts of eggshell skull, crumbling skull, and eggshell ...
Let us examine the eggshell skull rule. The eggshell skull rule The eggshell skull rule is a legal principle which provides that a wrongdoer must take his victim as he finds him. This means, that even if the damage suffered by the victim is more serious than that which an ordinary person...
Id. The court expressly recognized that it was not bound by tort treatises of the Restatement of Torts, but found significance in the lack of any Restatement section limiting the “eggshell” or “thin-skull” rule to support its position. Id. The Government also challenged...
The foundation for this rule is based primarily on policy grounds. The courts do not want the accused to rely on the victim's own vulnerability to avoid liability. The thin skull rule is not to be confused with the related crumbling skull rule in which the plaintiff suffers from a ...
eggshell plaintiffthin skull plaintifftort damagestort remedieslaw and economicsFor more than a century, courts have universally applied the eggshell plaintiff rule, which holds tortfeasors liable for the full extent of the harm inflicted odoi:10.2139/ssrn.1986268Calandrillo, Steve...