When you have been hurt because of someone else’s carelessness, you deserve a legal system that protects your rights. In California, one powerful principle that helps ensure fair treatment for injured people is the Eggshell Skull Doctrine, sometimes called the Eggshell Plaintiff Rule.

This rule says that defendants must take victims as they find them, even if those victims happen to have pre-existing conditions or are more prone to injury. In other words, a defendant cannot argue that a victim was partiuclarly susceptible to injury and should avoid liability as a result.

If you or a loved one is dealing with an injury case where the eggshell skull rule may apply, call the Los Angeles personal injury lawyers at Banafshe Law Firm, PC, today. We offer free initial consultations, and you pay no fee unless we win. Contact us to learn how we can help you fight for the compensation you deserve.

What Is The Eggshell Skull Doctrine, And Why Does It Matter?

The Eggshell Skull Doctrine protects people who may have health issues, disabilities, or vulnerabilities that make them more susceptible to harm. Without this rule, defendants could try to avoid paying full damages by claiming the victim was “too fragile.”

Under California law, however, you do not lose your right to full compensation just because you happen to have a pre-existing condition. If someone’s negligence made your condition worse or triggered new problems, they are legally responsible for all resulting harm, even if your injuries are more severe than they would be for someone else.

How Does This Doctrine Apply In California Personal Injury Cases?

Suppose you have a chronic back problem that was under control, but then you get into a car accident caused by a distracted driver, and your back pain becomes unbearable. The defendant cannot escape liability by arguing that your back was already weak, so you only have yourself to blame.

Under the Eggshell Skull Doctrine, they must take you as you are. Their duty is to pay for all the injuries that flow from their negligent actions, including any aggravation of your existing condition.

What Situations Does This Doctrine Cover?

The Eggshell Skull Doctrine can apply to many scenarios in which a person is more prone to injury:

• When a previously dormant condition becomes active due to the incident
• When a medical issue that was under control flares up again
• When an existing physical or mental condition worsens
• When a collision, fall, or other event hastens a disability or even causes a death that might not have occurred otherwise

In California, this principle appears in official jury instructions (like CACI No. 3927 and CACI No. 3928), underscoring that the defendant must shoulder the entire burden of the harm they cause. Even if you have a health issue, that does not let the defendant off the hook.

Why Is The Burden Of Proof Still On The Plaintiff?

While the Eggshell Skull Doctrine protects you, it does not relieve you of proving the defendant’s negligence. You still have to show that their actions proximately caused your injuries or made a pre-existing condition worse. This can be difficult if the defendant claims your problems are unrelated to the accident.

That is why collecting detailed medical records, obtaining expert opinions comparing your condition before and after the incident, and presenting thorough evidence are so important. By demonstrating how the event directly caused the exacerbation, you can overcome the defense’s arguments.

How Can Plaintiffs Recover Compensation Under This Doctrine?

If you prove that the defendant’s negligence aggravated your condition, you can typically seek damages for the full extent of your injuries, including:

• Any new medical expenses you face
• Physical and mental pain that results from the aggravation
• Wages lost due to your worsened state or extended recovery time
• Additional care or accommodations you did not need before

Even if an insurance company tries to reduce or deny your claim by pointing out your vulnerabilities, the Eggshell Skull Doctrine remains on your side. They cannot use your condition as an excuse to pay less than what you need to get your life back on track.

How Can You Strengthen Your Claim?

One of the best moves you can make is to be transparent about your health from the start. If you had back surgery two years ago, let your attorney know. If you have been dealing with anxiety or depression, do not hide it. This honesty helps your legal team plan properly.

You should also keep a journal of your symptoms, note how they differ from before the accident, and faithfully follow any medical advice you receive. Consistency and documentation go a long way in showing that your worsened condition is more than just a coincidence.

Call a Personal Injury Attorney in Los Angeles Today

If you are worried that a pre-existing condition might weaken your personal injury claim, remember that California’s Eggshell Skull Doctrine exists to ensure fairness. You deserve compensation for the full extent of the harm caused by someone else’s negligence, no matter your health history.

Our Los Angeles personal injury lawyers at Banafshe Law Firm, PC, are here to help. We will provide a free consultation and charge no fees unless we secure compensation on your behalf. Call us at 855-690-1592 or contact us online to discuss the details of your case and learn how we can fight for your rights.