Under Texas law, an at-fault party is fully responsible for injuries they cause—even if the victim had a pre-existing condition that made the harm more severe. This principle is known as the eggshell skull rule, sometimes called the thin skull rule.
What Is the Eggshell Skull Rule?
The eggshell skull rule is a long-standing principle of Texas personal injury law that requires defendants to “take the plaintiff as they find them.” In plain English, this means:
A negligent party cannot avoid responsibility simply because the injured person was more vulnerable than the average person.
If an accident aggravates a pre-existing injury or condition—such as a prior back injury, neurological disorder, or degenerative disease—the defendant may still be liable for the full extent of the harm caused, even if those consequences were not foreseeable.
This doctrine exists to ensure fairness. People do not lose their right to compensation simply because they were already injured, disabled, or medically fragile before an accident occurred.
Why the Rule Matters for Injury Victims
Insurance companies frequently argue that a victim’s injuries were “pre-existing” and therefore not compensable. The eggshell skull rule directly counters this tactic.
Texas law distinguishes between:
- A pre-existing condition, and
- The aggravation or worsening of that condition due to negligence
If the accident made your condition worse, caused new symptoms, or accelerated the need for surgery, treatment, or long-term care, that aggravation is compensable—even if you were not perfectly healthy beforehand.
Practical Example of the Eggshell Skull Rule in Texas
Imagine you have a manageable spinal condition that requires periodic physical therapy but allows you to live independently. After a serious car crash caused by a distracted driver, your weakened spine sustains further damage, leaving you partially paralyzed and wheelchair-dependent.
Even though:
- Your spine was already vulnerable, and
- A healthier person may not have suffered the same outcome
The at-fault driver can still be held legally responsible for the paralysis and its lifelong consequences.
The law does not reduce liability simply because your injuries were more severe than expected.
How Comparative Negligence Fits In
Texas follows a modified comparative negligence rule. This means:
- You can recover damages as long as you are not more than 50% at fault
- Your compensation may be reduced by your percentage of fault
Importantly, comparative negligence does not cancel the eggshell skull rule. Even if fault is disputed, defendants cannot argue that your pre-existing condition alone excuses the harm they caused.
Challenges Eggshell Plaintiffs Often Face
While the law protects eggshell plaintiffs, these cases are often contested aggressively. Insurers may claim:
- Your symptoms existed before the accident
- The crash caused only “temporary” aggravation
- Your medical history breaks the chain of causation
Successfully pursuing these claims requires careful medical documentation, expert testimony, and a clear timeline showing how the accident worsened your condition.
Protecting Eggshell Plaintiffs in Dallas
At MR.LAW Accident & Injury Attorneys, we regularly represent clients whose injuries are complicated by pre-existing conditions. We understand how insurers attempt to minimize these claims—and how to dismantle those arguments with evidence.
Our approach includes:
- Demonstrating baseline medical status before the accident
- Proving measurable post-accident deterioration
- Working with treating physicians and specialists
- Presenting clear causation to insurers and juries
Whether your case involves a car crash, slip and fall, or other serious accident, having the right legal strategy can make the difference between denial and full recovery.
Talk to a Dallas Personal Injury Attorney
If you were injured in an accident and have a prior medical condition, do not assume you are disqualified from compensation.
We’re here to make sure your vulnerability is not used against you—and that the law works the way it’s supposed to.
Call (469) 689-0200 today for a free consultation or contact MR.LAW Accident & Injury Attorneys online to speak directly with an attorney.