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
$162,500.00 Recovery - Workplace Accident (Shoulder Injury)
Recovered for worker who injured their shoulder while lifting a heavy object.
Total Recovery:
$162,500.00
Attorney Fees:
$81,250.00
Litigation Expenses:
$3,784.00
$1,450,000.00 Recovery - Commercial Vehicle Accident (Brain Injury)
Our firm was hired by a delivery driver who suffered a closed head injury resulting in the permanent loss of smell in a head-on accident. The incident occurred as the driver of an 18-wheeler lost control of his vehicle and veered into oncoming traffic. Our client's delivery vehicle was struck head-on, causing massive damage to both vehicles.

Our client was taken to an area hospital where he was treated for minor bodily injuries and a closed head injury which originally manifested itself as a concussion and temporary memory loss.

Suit was filed against the defendants following their failure to respond to our correspondence in a timely manner and litigation began. Included in the suit were both the defendant truck driver and his employer. The results of our investigation and the physical evidence from the accident scene made it apparent that the defendants had indeed caused the accident. Defense counsel soon conceded liability
Total Recovery:
$1,450,000.00
Attorney Fees:
$560,000.00
Litigation Expenses:
$31,410.00
$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
$700,000.00 Recovery - Commercial Vehicle Accident / Work Injury (Fractured Pelvis, Other Internal Injuries)
A loading dock employee suffered a fractured and damage to internal organs as the result of a crushing injury sustained when an 18-wheeler backed into him and crushed him between the trailer and loading dock.
Total Recovery:
$700,000.00
Attorney Fees:
$175,000.00
Litigation Expenses:
$1,084.00
$40,000.00 Recovery - Medical Malpractice (Sexual Harassment by a Medical Provider)
Recovery for client who was sexually harassed by a medical provider.
Total Recovery:
$40,000.00
Attorney Fees:
$16,000.00
Litigation Expenses:
$575.00
$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
$337,500.00 Recovery - Third-Party Dram Shop Accident (Punctured Colon and Soft Tissue Injuries)
Our client suffered a punctured colon and numerous soft tissue injuries in an alcohol-related car accident. The accident occurred as the defendant driver crashed his car into a concrete median. The plaintiff, a passenger in the vehicle, alleged that the defendant driver was over served alcohol to such an extent that he was several times the legal limit. As such, a claim was brought against the defendant driver and the bar which over served him. A settlement was reached with the defendant driver and the plaintiff turned his focus on the bar in question. The case was resolved successfully through litigation. Based on the egregious conduct of the bar and it's numerous TABC violations, the defendant's liquor license was revoked soon after the case was resolved.
Total Recovery:
$337,500.00
Attorney Fees:
$134,000.00
Litigation Expenses:
$3,750.00
$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
$100,000.00 Recovery - Premises Liability Accident (Contusions & Sprained Ankle)
Recovery for client who sustained contusions and a sprained ankle in a premises liability accident.
Total Recovery:
$100,000.00
Attorney Fees:
$37,272.00
Litigation Expenses:
$1,730.00
$60,000.00 Recovery - Commercial Vehicle Accident (Soft-Tissue Injuries & Chiropractic Treatment)
Recovered for client who was rear-ended by an 18-wheeler resulting in soft tissue injuries and chiropractic treatment.
Total Recovery:
$60,000.00
Attorney Fees:
$20,000.00
Litigation Expenses:
$1,050.00

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