How the Eggshell Skull Rule Protects People With Pre-Existing Conditions

Imagine you glance down at your phone for a second at a red light. When you look up, it is too late to stop. You rear-end the car in front of you.

You do not know anything about the person in that car. You do not know their age, health history, or whether they just had surgery last month. But the law still holds you responsible for the harm you cause, even if their body was more fragile than most.

This idea is called the “eggshell skull rule.” It matters a lot in Illinois personal injury cases, especially when the injured person has a pre-existing condition. Here is how it works in plain language.

What Is the Eggshell Skull Rule?

The eggshell skull rule comes from a simple teaching story. Picture a person whose skull is as thin as an eggshell because of a rare medical problem. A light bump might cause a serious brain injury for them, even though it would not hurt an average person.

Under the eggshell skull rule, the person who caused the bump is still responsible for the full harm. They cannot argue, “I did not know their skull was that weak,” or “Most people would have been fine.”

In legal terms, this rule says a person who is negligent or who commits an intentional wrong must “take the victim as they find them.” If you harm someone, you are responsible for how that person’s body reacts, even if the reaction is unusual or worse than expected.

This rule shows up in all kinds of cases, from car accidents to nursing home injuries and slip-and-fall claims.

How Does the Eggshell Skull Rule Work in Real Life?

Here is a simple example. You are in a grocery store, moving too fast with your cart. You slam into another shopper. They look like a healthy 30-year-old. What you do not know is that they had back surgery a few weeks ago.

Because of your crash, they re-injure their spine and need months of rehab. Under the eggshell skull rule, you can be held responsible for those bills and losses, even though another person might have walked away with only a bruise.

Another example is a low-speed rear-end crash. The at-fault driver may argue, “It was just a little tap.” But if the victim has a prior neck condition that gets much worse because of that tap, the driver may still owe full damages for the neck injury, not just for a “minor” sprain.

Is the Eggshell Skull Rule Fair?

At first, this may feel unfair. How can you be responsible for making someone’s rare condition worse when you did not know about it?

The law looks at it a different way. If you flip the roles, it starts to make sense. If you have a weak spot in your health and someone hurts you, you would not want to be told, “You only get what an average person would have needed.” You would want to be made whole for your real losses.

The eggshell skull rule is about fairness to the injured person. It does not punish you for who they are. It simply says: if your careless act caused harm, you are responsible for the full results of that harm, even if their body was more vulnerable than you knew.

How Does the Eggshell Skull Rule Affect Personal Injury Claims?

In an Illinois personal injury case, the eggshell skull rule helps make sure people with pre-existing conditions are not shortchanged.

The rule does not change the basic job of the injured person and their lawyer. They still have to prove:

• The defendant owed a duty of care.
• The defendant broke that duty by acting carelessly or worse.
• That breach caused the injury or made a prior condition worse.
• The injuries led to medical bills, pain, lost income, or other losses.

Once that chain is proven, the eggshell skull rule says the defendant is responsible for all of the worsening that flowed from their actions. It does not matter that a different person might have been less hurt.

This comes up often in:

• Older adults with arthritis or brittle bones.
• Workers with a history of back or shoulder problems.
• Residents in nursing homes with many health issues.
• People with chronic diseases like diabetes that slow healing.

In serious cases, especially those that turn into wrongful death claims, the way a pre-existing condition interacts with a new injury can be a major fight in court. The eggshell skull rule gives the jury a clear starting point: you do not discount the victim just because they were more fragile.

Do People With Pre-Existing Conditions Just Get More Money?

No. The rule does not give anyone a “jackpot” just for having a medical history.

A person with pre-existing conditions can only recover money for harm that was actually caused or made worse by the accident. The injury must change the condition in some way.

Here is an example. A person with Type 2 diabetes slips and falls at a store. Because diabetes makes healing slower, their wound takes longer to close and they need more care than the average shopper. In that case, the store may be responsible for the extra treatment tied to the fall, even though diabetes played a role in the slow healing.

But if that same person has a heart attack three weeks later for reasons not tied to the fall, they usually cannot blame the store for the heart attack. The eggshell skull rule does not turn every later health problem into part of the claim. It only covers problems that flow from the injury itself.

So the key questions are:

• What was the person’s condition like before the injury?
• What changed after the accident?
• Did the accident make an old problem worse or bring on new symptoms?

Good medical records and careful testimony help answer those questions.

What About Mental Health Conditions?

Many people live with depression, anxiety, PTSD, or other mental health conditions before an accident. A crash, fall, or medical mistake can make these conditions feel much worse.

The eggshell skull idea grew up mainly around physical injuries. Many courts are more cautious about using it to expand emotional or mental harm. That does not mean emotional harm does not count. It does.

An injured person may be able to recover for:

• New anxiety or sleep problems caused by the accident.
• Worsening of existing depression or PTSD that is clearly tied to the trauma.
• Fear, grief, or loss of enjoyment of life after a serious event.

The key is showing how the accident changed the person’s mental health and daily life, not simply that they had a diagnosis before. This often takes careful work with doctors, therapists, family members, and friends who can explain the “before and after” in simple terms.

How Insurance Companies Use Pre-Existing Conditions Against You

Insurance companies know about the eggshell skull rule. But they also know many people do not.

Adjusters will often say things like:

• “Your MRI looks like normal aging.”
• “You were already seeing a chiropractor before this crash.”
• “These problems are just from your diabetes, arthritis, or old injury.”

The goal is to make you feel like your pain is your own fault, or that you are “too damaged” to have a strong claim.

In reality, many adults have some wear and tear in their bodies before a crash. That does not give careless drivers, unsafe property owners, or neglectful nursing homes a free pass. The law still lets you recover for the change in your condition and the added harm you now face.

Experienced injury lawyers know how to gather old and new records, work with doctors, and use simple visuals to show what changed after an event. That is often the difference between a low offer and a fair settlement.

When Should I Talk to a Personal Injury Lawyer?

You should think about calling a lawyer if:

• You had any pre-existing condition before a crash or fall.
• Your pain or limits are worse than they were before the accident.
• The insurance adjuster keeps blaming everything on your past health.
• You are facing surgery, long-term therapy, or big medical bills.
• A loved one in a nursing home was hurt or passed away after neglect.

These are exactly the kinds of cases where the eggshell skull rule matters most, and where mistakes in how the story is told can cost a family a lot of money.

The team at Parker & Parker Attorneys at Law has handled serious injury and wrongful death cases across central Illinois, including cases involving complex medical histories. You can learn more about our approach on our Our Firm page.

Frequently Asked Questions About the Eggshell Skull Rule

Does the eggshell skull rule mean I get paid for all my old problems?

No. You can only recover for harms caused or made worse by the accident. The rule prevents the other side from using your pre-existing conditions to reduce fair compensation for the new or worsened problems the accident caused.

What if I did not tell my doctor about past injuries at first?

Gaps in your history can cause trouble, because insurance companies will try to use them against you. It is best to be honest with your doctors about prior problems so they can clearly explain what changed after the accident. A lawyer can help you clean up the record and explain any mix-ups.

What if the insurance company says my pain is just “normal aging”?

Many people have some age-related changes on scans. The key question is whether you were living with those changes without serious pain before the accident. If you were active and doing well, and now you are not, that change matters. The eggshell skull rule helps make sure you are not punished for being older or having prior wear and tear.

Can the eggshell skull rule apply in nursing home cases?

Yes. Residents of nursing homes often have multiple health issues, but facilities still must provide safe, proper care. When neglect or abuse makes a condition worse or leads to early death, the nursing home cannot hide behind the resident’s age or medical history to avoid responsibility.

Does this rule apply in Illinois car accident cases too?

Yes. In Illinois, drivers who cause a crash are responsible for the harm they cause, even if the other driver or passenger was more fragile than most. That includes cases with disc problems, past surgeries, or other pre-existing conditions made worse by the collision.

What should I bring to a lawyer if I have pre-existing conditions?

Bring any medical records you have, a list of doctors you see, and a simple timeline of how you felt before and after the accident. Old photos or notes that show you being active before the injury can also help show the difference in your life now.