Florida Personal Injury Law and the “Eggshell Skull” DoctrineTampa Bay Legal News
The majority of accident victims in personal injury cases are reasonably able-bodied prior to their incident and approach obtaining financial compensation from that standpoint. If, however, an accident victim was already disabled or had a pre-existing condition, the issue of financial recovery becomes a lot more complex.
The predicament of pre-existing conditions and other kinds of medical fragility is a big one in Florida due to the fact that the state has an elderly demographic that is above average. In addition to this, Florida’s total of people with disabilities is well above the national average; 28.5% statewide as opposed to 25.6% nationwide.
These numbers frequently fluctuate on account of the migratory nature of many state residents, but they typically stay quite high.
If a medically fragile person is injured during an accident, it is fair to conclude that the injuries they receive might have more serious consequences than identical injuries would inflict on an able-bodied person and, by extension, their convalescence will take much longer.
What usually happens in these cases is that a defense attorney will state that the client had absolutely no way of telling that the injured plaintiff was medically fragile, indicating, arguably, that their injuries were not foreseeable.
If a victim is injured in a way that is unforeseeable, such as a freak accident or a force majeure, courts typically do not hold anyone liable, because no one could have done anything to circumvent the injury.
The Eggshell Rule
Florida’s answer to the question of medical fragility is a rule known as the “eggshell skull” rule. This rule is a common-law doctrine that basically says a person has to be held accountable for the outcomes of their negligent behavior, no matter the injured person’s vulnerability to injury, directly contradicting the belief that harm must be foreseeable. Florida jurisprudence asserts that an injured victim’s capacity for recovery from their injuries is of greater importance than the matter of foreseeability due to the fact that a medically fragile person cannot help their condition.
Ordinarily, as long as the supposed negligence significantly contributed to the victim’s injuries, they are entitled to financial compensation even if something such as a pre-existing condition is also a factor. In regards to damages, juries ought to, in theory, only grant damages for the percentage of injury that was caused by the defendant’s negligence. It is necessary to remember that if the jury is unable to differentiate the causes for the damages, the plaintiff could be entitled to economic recovery for all the harm they endured.
As with every kind of personal injury case, the endless number of variables makes your claim unique. Someone with a case that sounds very similar to yours could end up with a very different outcome than what you should expect. This is just one of the many reasons why hiring a skilled attorney is beneficial to your Florida personal injury claim.
Personal Injury Attorneys in Florida
Your attorney will know the most thorough and efficient way of collecting vital evidence that proves you were not at fault for the accident. Establishing this fact is essential to the success of your Tampa personal injury case.
If you have sustained injuries during any kind of accident that was caused by another person’s negligence or carelessness, there is evidence out there that will substantiate your claim. A reputable personal injury attorney from Fulgencio Law will be able to help you. Call us at (813) 463-0123 to schedule your free Tampa personal injury consultation today.