I delivered a load of hay and a couple of bales got pushed down on top of me. They were very patient with me, worked with me, they filled me in on details, they stayed in communication, and they let me know what was going on. The atmosphere of the people was very friendly, very likeable, VERY LIKEABLE, and no pressure. Mike was exquisitely very, very nice, very friendly. They looked out for my interests.

-H. Lindquist
Workplace Accident Case

The Thin Skull Rule

Houston Personal Injury Lawyer Michael Grossman on The Thin Skull Rule, aka Eggshell Skull Rule

The thin skull rule is a legal notion that is part of some personal injury lawsuits in Houston. Also known as the eggshell skull rule, this legal notion holds a defendant liable for the consequences of their actions that causes injury to a plaintiff, regardless of whether or not a defendant knew about a plaintiff’s pre-existing medical condition.

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This legal doctrine can be distilled to “take your victim as you find him.” It is often a part of personal injury cases where the victim has sustained a greater-than-normal degree of injury in connection to the type of accident they’ve experienced. Such injuries are often a result of a victim having a pre-existing medical condition that results in them sustaining a higher level of injury in an accident. Without the thin skull rule, a liable party would then likely be able to argue that they were not responsible for the full extent of a plaintiff’s injury due to the plaintiff’s prior medical condition.

The unique legal term comes from the example of a person having a thin skull, like an eggshell, who sustains an injury due to the negligence of another person. Such an injured victim would incur a much greater degree of injury than a person with a normal skull structure. However, the defendant would still be responsible for their actions, regardless of their intent to cause such harm, or their knowledge of the plaintiff’s prior condition.

Many injured victims are often concerned that their pre-existing medical conditions will prevent them from being able to seek legal recourse for a sustained injury due to another party’s negligent behavior. However, the thin skull rule exists to help such injured victims. Our personal injury lawyers can help such victims by working with expert medical witnesses to establish a connection between the victim’s pre-existing condition and their sustained injury. A higher susceptibility to injury or a pre-existing medical condition should not prevent you from seeking compensation for your injury. With the existence of the eggshell skull rule, you have the legal right to pursue justice through a personal injury lawsuit in order to stand to receive compensation for the full extent of your injuries.


Some of Our Most Recent Successful Cases
$1,500,000.00 Recovery - Bad Faith Insurance Claim
Plaintiff alleged that an insurance carrier unfairly denied a claim, resulting from a non-fatal fire in an airplane. Our attorneys satisfactorily resolved the claim without the need for litigation.
Total Recovery:
$1,500,000.00
Attorney Fees:
$5,000.00
Litigation Expenses:
$0.00
$30,000.00 Recovery - Commercial Vehicle Accident (Muscle Aches, Pains & Dizziness)
Recovery for the driver of car that was side-swiped by an 18-wheeler. Plaintiff suffered muscle aches, pains & dizziness.
Total Recovery:
$30,000.00
Attorney Fees:
$10,000.00
Litigation Expenses:
$500.00
$200,000.00 Recovery - Commercial Vehicle Accident (Back Injury Requiring Surgery)
Recovery for motorcyclist who suffered a back injury in an 18-wheeler accident.
Total Recovery:
$200,000.00
Attorney Fees:
$80,000.00
Litigation Expenses:
$5,709.00
$40,000.00 Recovery - Commercial Vehicle Accident (Soft-Tissue Injuries)
Recovered for client who suffered soft-tissue damage which required physical therapy after being rear ended by a commercial vehicle.
Total Recovery:
$40,000.00
Attorney Fees:
$13,333.00
Litigation Expenses:
$50.00
$47,500.00 Recovery - Automobile Accident (Broken Leg)
(policy limits) Recovery for client who sustained a broken leg in a car accident.
Total Recovery:
$47,500.00
Attorney Fees:
$19,000.00
Litigation Expenses:
$168.00
$187,500.00 Recovery - Commercial Vehicle Accident (Back Injury Requiring Surgery)
Our firm was hired by a young woman who was rear-ended by an 18-wheeler when she slowed for traffic in a construction zone. Initially, she attempted to represent herself and the insurance carrier offered roughly $1,000 to settle her case. She then contacted our firm and we filed suit soon after our initial investigation. The case was successfully resolved in litigation.
Total Recovery:
$187,500.00
Attorney Fees:
$61,875.00
Litigation Expenses:
$2,500.00
$475,000.00 Recovery - Commercial Vehicle Accident / Motorcycle Accident (Shoulder Injury Requiring Surgery)
An airline pilot suffered a shoulder injury resulting in surgery when he was sideswiped by an 18-wheeler. The case was resolved through litigation, as establishing liability was a contentious matter. The defendants claimed that the plaintiff made an illegal passing maneuver, but the evidence showed that the defendant made a sweeping turn and intruded upon our client's right of way.
Total Recovery:
$475,000.00
Attorney Fees:
$158,333.00
Litigation Expenses:
$5,000.00
$30,000.00 Recovery - Medical Malpractice (Incorrect Dosage Resulting in Dizzy Spells)
Recovery for client who suffered dizzy spells as a result of being given incorrect dosage of prescribed medication.
Total Recovery:
$30,000.00
Attorney Fees:
$10,000.00
Litigation Expenses:
$500.00
$41,500.00 Recovery - Automobile Accident (Soft-Tissue Neck Injuries)
Recovery for client who suffered soft tissue neck injuries in a relatively minor car accident.
Total Recovery:
$41,500.00
Attorney Fees:
$16,600.00
Litigation Expenses:
$918.00
$100,000.00 Recovery - Automobile Accident (Back Injury Resulting in Surgery)
Recovery for car accident victim who suffered back injury resulting in surgery.
Total Recovery:
$100,000.00
Attorney Fees:
$33,000.00
Litigation Expenses:
$100.00

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