egg shell effect or crumbling skull/thin skull?

johnny1970

Which of these is used by the courts in a case were some-one was working away and at the end of there treatment say 2 yrs after an accident and then they were in another accident no fault of there own which mean now they had to leave there job and made there mental problems which they were at the end of there treatment for 100 times worse?
Is it the case were they are more vulnerable than a normal person?
are these complicated cases in the courts?

OnanTheBarbarian

The "egg shell skull rule" means "you take a claimant as you find him", meaning that although there may be a weakness or vulnerability there before the accident, the fact remains that "but for the accident in question" the claimant would not have suffered with any injuries, or in the alternative, the latest accident has aggravated underlying problems and made them far worse.

They are not complicated cases to win, it all revolves around expert medical opinion confirming what injuries and symptoms were caused by which incident.

It is not a situationn where I would recommend you fight your own battles here and an experienced personal injury solicitor will make sure you get both properly compensated as well as rehabilitated.

Quentin

Duplicated:


https://forums.moneysavingexpert.com/discussion/5350661