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A health issue that exists before an automobile accident is a pre-existing condition. However, pre-existing injuries do not prohibit you from seeking damages from the accident. Consequently, a car accident could aggravate or worsen your pre-existing injuries. This is the “eggshell plaintiff” rule.

The Eggshell Plaintiff Rule

The “eggshell plaintiff” or eggshell skull rule states that a defendant is liable for a plaintiff’s unforeseeable and uncommon reactions to the defendant’s negligent or intentional act. In other words, the negligent party cannot use your pre-existing conditions as a defense.

Insurance Defense

First, to be fair an insurance company should not have to pay for injuries that already exist. Because of this, insurance companies will deny your claim or decrease the amount of compensation when you have pre-existing injuries. This is a way for the insurance company to rebut financial responsibility for the accident. Even though, in most cases, this is not true.

Alternatively, the insurance adjuster could try to get you to settle quickly. They use this strategy to avoid paying the maximum amount. Because they know an auto accident attorney will seek full compensation for your injuries.

Auto Accident Attorney

Due to the chance of insurance denial, accident victims should get legal assistance from an auto accident attorney when a pre-existing injury is aggravated thanks to the carelessness of another party. Complicated cases like these may also require the help of a medical professional to clarify the difference from a previous injury compared to the injury received from the most recent accident.

Personal injury attorneys will facilitate assessments of the damages that someone has sustained, as well as pain and suffering, future medical expenses, the previous amounts of medical expenses accumulated, and loss of earning capabilities.


After a car accident, you may not know your rights. Don’t struggle through the process alone. Our personal injury team is here to help you with any legal needs you might have regarding your accident.

Let the Tampa auto accident attorneys at RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. Get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.