Does a Pre-Existing Injury Ruin Your Personal Injury Claim? The Eggshell Skull Rule
One of the first things insurance companies do when they learn about a prior injury is use it to argue your current claim isn't worth much. California law actually says the opposite is true, and the doctrine that protects you has an unusual name: the eggshell skull rule. What the Eggshell Skull Rule Actually Says The rule holds that a defendant "takes the plaintiff as they find them." In practice, that means an at-fault party is fully responsible for the harm they cause, even if a person with a pre-existing condition or vulnerability ends up more seriously injured than an average, healthy...
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