The Eggshell Skull Rule in Texas Personal Injury Cases
How Preexisting Conditions Affect Your Right to Compensation
I am Brad Parker, the attorney you want but hope you never need. If you are reading this, there is a good chance you or someone you love has been hurt. You may already be dealing with physical pain, worried about mounting medical bills, and wondering how long you will be out of work. You may be trying to hold things together for your family while facing uncertainty about your future.
On top of all of that, you may be scared that because you were not in perfect health before the accident, an insurance company is going to use that against you and try to pay you little or nothing. I hear this concern every day. People tell me they had a bad back from years of physical labor, migraines that came and went, prior knee injuries, old concussions, or bones that were already fragile. They worry that these preexisting conditions mean they do not have a real case or that they will be blamed for their own injuries.
That fear is understandable, but Texas law provides important protections for people in exactly this situation.
What the Eggshell Skull Rule Means
In Texas personal injury law, there is a long standing rule that speaks directly to these concerns. It is commonly referred to as the eggshell skull rule. While the name may sound unusual, the concept behind it is straightforward and deeply important.
The rule says that a negligent person must take the injured person as they find them. In practical terms, this means that if someone is careless and causes an injury, they are responsible for the harm they actually cause to the person they injure, not to some hypothetical average person in perfect health.
If a careless driver causes a crash that would have resulted in a minor strain for a young athlete but causes you a serious spinal injury because you already had arthritis or a prior disc problem, the negligent driver does not get a discount simply because your body was more vulnerable. Your medical history does not reduce their responsibility.
In Texas personal injury cases, the eggshell skull rule exists to protect people who already had physical or psychological vulnerabilities. It recognizes that your health history is part of who you are and that you are still entitled to fairness when someone else’s negligence makes your condition worse.
How the Eggshell Skull Rule Fits Into Texas Negligence Law
To understand how this rule works in real cases, it helps to look at the basic structure of Texas personal injury law. In most injury cases, whether they involve car wrecks, truck crashes, or slip and fall incidents, you generally must prove three things.
First, you must show that someone else acted negligently, meaning they failed to act with reasonable care. Second, you must show that this negligence caused an accident or incident. Third, you must show that the accident caused injuries and losses.
These elements apply regardless of whether the injured person was perfectly healthy or had a complicated medical history. The eggshell skull rule does not change what must be proven. Instead, it affects how injuries are evaluated and how damages are calculated.
The law focuses on how your condition changed because of the accident. If an incident takes a condition that was stable, manageable, or minimally symptomatic and turns it into something painful, disabling, or life altering, the negligent party can still be held responsible for that aggravation.
Preexisting Conditions Are the Norm, Not the Exception
Almost no one who walks into my office is in perfect health. Many people have old injuries, age related degeneration, chronic conditions, or prior surgeries. That is normal and expected.
In Texas personal injury cases, we frequently see preexisting conditions such as back and neck injuries, degenerative disc disease, arthritis, past concussions, shoulder problems, knee injuries, and prior orthopedic surgeries. Before an accident, you may have been able to work full time, care for your family, and live a full life with only occasional discomfort.
After an accident, everything can change. You may now face constant pain, invasive treatments, surgery, or permanent limitations. The eggshell skull rule exists to address this exact situation. The person who caused the wreck or dangerous condition does not get to argue that because you were not perfect before, they are not responsible now.
Proving Aggravation of a Preexisting Condition
Cases involving preexisting medical conditions require careful and honest presentation. Texas law does not allow recovery for conditions as they existed before an accident. The focus is on aggravation.
This means we must establish a clear before and after picture. We examine how you were functioning in the months and years leading up to the accident and compare that to your condition afterward.
If you were working full time despite chronic back pain and now cannot sit, stand, or lift without severe pain, that difference matters. If you had mild knee arthritis that allowed you to walk normally and after a fall now require a knee replacement, that change is significant and compensable.
Medical Evidence Is Critical
Insurance companies often attempt to defeat these claims by pointing to prior medical records. They search for any mention of pain or injury and argue that nothing has changed.
To counter these arguments, we gather and carefully analyze medical records from before and after the incident. We frequently work with treating physicians and medical experts who can explain how trauma can worsen or accelerate existing conditions.
Imaging studies such as MRIs and X rays, surgical findings, and physician notes often tell a clear story. For example, an old disc bulge that caused minimal symptoms may progress to nerve compression after a collision. An expert can explain why trauma, not normal aging, caused the deterioration.
When Old and New Injuries Overlap
Sometimes injuries cannot be perfectly separated. Texas law recognizes this reality. In these situations, we focus on the overall impact of the accident on your health and quality of life.
This applies not only to physical injuries but also to emotional and psychological conditions. If someone had anxiety that was controlled before a serious crash and afterward experiences panic attacks, flashbacks, or post traumatic stress that interferes with daily functioning, that worsening is still compensable.
The accident may have transformed a manageable condition into a disabling one. Our role is to document and explain that change clearly.
Types of Cases Where the Eggshell Skull Rule Applies
The eggshell skull rule applies across many types of negligence cases. It is not limited to motor vehicle accidents.
Car and Truck Accidents
In car and truck wrecks, preexisting conditions are common. A low speed collision can have devastating consequences for someone with spinal degeneration or prior injuries. The negligent driver remains responsible for the full extent of the harm caused.
Premises Liability Cases
In slip and fall and premises liability cases, the rule is especially important. Older adults and medically fragile individuals are often more seriously injured by falls. A fall that might cause a bruise for a younger person can result in a fractured hip, traumatic brain injury, or permanent loss of mobility for a senior.
If a property owner failed to address a dangerous condition, they can still be held responsible for the injuries that result, even if those injuries are severe because of the victim’s vulnerability.
Complex and Multi Party Cases
Some cases involve multiple contributing factors, such as defective vehicle components or unsafe road design. Texas proportionate responsibility rules govern how fault is divided, but preexisting conditions do not excuse negligence. Our job is to identify all responsible parties and pursue full compensation.
Deadlines and Statutes of Limitations
Texas personal injury cases are governed by statutes of limitations. These deadlines can be short and vary based on the facts of the case and the parties involved.
Cases involving preexisting conditions often require extensive record collection and expert analysis. Waiting too long can make it harder to gather evidence and prove aggravation. Speaking with a lawyer early allows time to preserve records and protect your rights.
Damages in Cases Involving Preexisting Conditions
Damages in Texas injury cases may include medical expenses, lost wages, loss of earning capacity, and other financial losses. Non economic damages may include pain and suffering, mental anguish, and loss of enjoyment of life.
When preexisting conditions are involved, damages focus on how the accident changed your life. Increased pain, reduced mobility, inability to work, and loss of activities you once enjoyed are all relevant.
Comparative Negligence Arguments
Texas follows a modified comparative negligence system. If you are partially at fault, your recovery may be reduced. If you are more than fifty percent responsible, recovery may be barred.
Defense lawyers sometimes attempt to misuse this concept by blaming a person’s medical condition. We work to keep the focus on the negligent conduct that caused the accident, not on your health history.
Practical Steps You Can Take
Preserve medical records, follow treatment recommendations, and attend appointments. Gaps in care can be used against you.
Keeping a journal documenting your symptoms, limitations, and daily struggles can provide powerful evidence of how your life has changed.
Do You Need a Lawyer?
Cases involving preexisting conditions are rarely simple. They involve medical complexity and aggressive insurance tactics.
As a Board Certified Personal Injury Trial Lawyer by the Texas Board of Legal Specialization, I have spent years handling these cases. My team limits the number of cases we accept so we can give each one the attention it deserves. We work on a contingency fee basis, meaning there is no attorney fee unless we recover compensation for you.
Final Words
Having a medical history does not make you less deserving of justice. It simply makes your case more complex.
At Parker Law Firm, we treat you like family. We listen to where you were before the injury and where you are now. Then we work to hold responsible parties accountable for the difference their negligence has made in your life.
If you have questions about how the eggshell skull rule applies to your situation, you are welcome to contact Parker Law Firm Injury Lawyers. A conversation does not obligate you to anything, but it can provide clarity and peace of mind.
Legal Disclaimer
This information is for general purposes only and does not create an attorney client relationship. Every situation is different, and you should speak directly with a licensed Texas attorney about your specific facts and options.
