Over the past few years, the NFL and football in general has been under a microscope for the way in which coaches deal with head injuries. In fact, the NFL Player’s Union has won litigation to compensate former NFL players for severe health issues which resulted from chronic head injuries from football. Recently, ESPN.com reported that three high school students have died from head injuries as well. It has also been reported that it is possible one of the student-athletes may have had a pre-existing brain aneurysm, which ruptured as a result of the collision during the football game. In this case, the player may not have died during the football game if he didn’t have an existing aneurysm.
Eggshell Skull Doctrine: Take your Victim As They Are
What happens if, like the story above, you are already injured and someone is negligent in their actions, further aggravating your pre-existing injury? Likewise, what if you have a preexisting condition, such as osteoporosis, and a third party, who is unaware of your preexisting condition, shoves you like he would a normal person and you end up breaking your hip due to your preexisting condition? Luckily, there is a doctrine that deals with aggravation of a preexisting condition or injury; it’s called the Eggshell Skull Doctrine.
The Eggshell Skull Doctrine states that a tortfeasor or defendant may not escape or reduce liability because of a victim’s pre-existing condition even if that pre-existing condition made him/her more susceptible of injury. This basically means that if you already have a condition, like a brain aneurysm, and are later involved in a car accident which causes the aneurysm to burst, you can still be compensated for the worsening of your condition.
Have You Experienced a Major Injury?
When you or a loved one is injured by another’s actions, there are many issues you must consider. One of those issues is whether the other party caused your pre-existing condition to worsen. In order to determine whether a tortfeasor’s actions worsened your pre-existing injury, it is very important that you seek immediate medical attention.
If you believe that you have sustained an injury through no fault of your own, contact an experienced attorney today by calling (855) 5-BICE-LAW or visit our website to schedule a free consultation. An attorney at Bice Law is available 24 hours a day, seven days a week to listen to your story and answer any questions you may have about your ability to be compensated for your injuries. Just because you have a preexisting condition doesn’t mean that you will not be compensated for injuries you sustain as a result of another’s negligent actions.