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Posted by Michael Melonakos on July 6, 2026 in Personal Injury
Were you recently in an accident in South Carolina that worsened a pre-existing injury or underlying medical condition? If so, the insurance company might tell you that it should not have to pay you for a prior medical issue you already had at the time the policyholder injured you. However, state law holds that you may still be entitled to compensation under the eggshell skull rule for injuries the accident caused or pre-existing medical conditions the accident worsened.
The eggshell plaintiff rule, or eggshell skull rule, is a legal doctrine that holds that an injury victim’s unexpected fragility is not a defense for the severity of their injuries. Its name comes from a theoretical injured person whose skull is so thin that it cracks from a light tapping. However, from outside appearances, there is nothing to suggest the frailty to the at-fault party.
The classic example of the eggshell skull doctrine comes from the case of Vosburg v. Putney, decided by the Supreme Court of Wisconsin in 1891. In the case, 11-year-old George Putney lightly kicked his classmate, 14-year-old Andrew Vosburg, under the shin. Unbeknownst to Putney, Vosburg had cut his knee on an axe and had been confined to bed for a month or longer as he recuperated. The axe injury made Vosburg unusually susceptible to further injury, which he suffered as a result of Putney’s blow. He required two surgeries and was left with a permanent weakness in his leg because the bone degenerated badly. Ultimately, the court held that Vosburg’s heightened susceptibility to injury did not excuse Putney from his liability.
While the example comes from another state, the eggshell plaintiff rule applies in South Carolina, too.
The eggshell skull rule holds that an aggravated injury is the same as a new injury as far as a defendant’s liability is concerned. Defendants and the insurance companies that represent them might argue that they should be responsible only for a victim’s foreseeable injury, rather than for the victim’s actual injury. However, the defense will not hold up in court absent other relevant facts.
While the law is on your side regarding your right to compensation for an aggravated pre-existing condition, you still need to have a skilled personal injury lawyer on your side. The defendant might argue that there was some other explanation for why your condition worsened, or that you exacerbated the injury by failing to get medical attention promptly.
Your attorney can push back by:
Do you need help with your personal injury claim involving a pre-existing medical condition? Contact The Melonakos Law Firm today for a free consultation with an experienced personal injury attorney. We can help you demand fair compensation, and we will not charge you a fee unless we win your case.
