If you have been involved in a serious car accident in the Daytona Beach area, you may be left with significant, life-altering injuries. If you take action against the at-fault party, his or her attorney may try to blame your pre-existing medical conditions for the extent of your injuries. As a result, the defense lawyer may suggest that you take a smaller settlement or that you drop the case all together. Should you?
The Thin Skull Rule May Protect You
The Thin Skull Rule, which applies to victims who are more susceptible to harm than most people, says that the at-fault party is liable for all of the harm caused by his negligence, even if the victim had pre-existing medical conditions that were aggravated by the accident. This rule is named for a hypothetical situation in which a victim with an unusually thin skull is killed by a blow to the head—a blow that would not have killed another person. However, it applies to any medical predisposition or pre-existing condition.
In practice, this means that the negligent party must take the accident victim as he or she is, medically speaking. Accident victims with previous injuries or conditions, such as hemophilia, brittle bone syndrome, or a weak heart, are more medically frail to begin with, and an accident can cause injuries that are more severe than average. The victim protection afforded by the Thin Skull Rule suggests that the at-fault party is legally responsible for the all of the resulting injuries after an accident—including those that were intensified by a pre-existing condition.
Don’t Let the Defense Run You Over
If you had a pre-existing condition that made you especially vulnerable in a crash and the guilty party is trying to prevent you from receiving what you deserve, you need an experienced attorney on your side. The attorneys of Johnson and Gilbert will work tirelessly to get you the settlement you deserve. Set up your free consultation by calling 800.556.8890 or visiting us online.