Aggravation of a pre-existing injury. The Plaintiff with the eggshell skull rule:

If you have a condition which was aggravated by an accident, the defendant may attempt to use your condition against you. The eggshell skull rule will allow a jury to award damages to the extent the defendant’s negligence caused injury to you or aggravated your pre-existing injury without any regard for the fact that another person may have suffered lesser injuries in a comparable situation. As others may say, in the world of personal injury, you “take your victims as you find them.” Therefore, if you suffer what might otherwise seem to be excessive medical costs, due to no fault of your own, the judge would instruct the jury to consider all the medical costs associated with the accident, including how the condition was exacerbated when determining the compensation the victim will receive. The jury would also be instructed to not take into consideration that someone without your condition would have significantly lower medical bills and therefore would be awarded less money.

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