An argument turned tragic for an Ole Miss student visiting Austin for a football game on September 14, 2013. Apparently, the student got into an argument with passengers in a passing car, one of whom exited the vehicle and punched him. That one punch sent the student to the hospital with a brain injury and forced him onto a ventilator.
Immediately after an accident, family members are most likely focused on their loved one’s recovery. Eventually, however, the question of responsibility is going to come up. It’s pretty obvious who is responsible for the unfortunate student’s injuries. But when the result is far worse than anyone would expect from a simple punch, how much responsibility does the perpetrator have for the victim’s injuries?
A punch doesn’t send a person into a coma most of the time, so should the perpetrator pay for all of the harms and losses? And what if the victim has a medical condition that makes him more susceptible to head injuries than the average person? Will that limit his recovery?
Under the law, a person who intentionally or negligently hurts someone else is still responsible for any resulting harms and losses. That’s true even if the victim has a medical condition that worsens the injuries or if the injuries are far more serious than would be expected for the type of damage done. The legal term is called the “eggshell skull rule.” Even if the plaintiff’s injuries are catastrophic only because he has a skull like an eggshell, the person who caused the injuries can be held responsible for all of the damage done.
If you’ve been seriously injured by someone else, whether it’s a person who couldn’t control their temper or a distracted driver, you may have a right to compensation for your injuries. But don’t go it alone. You need an experienced personal injury attorney to make sure you get the recovery you deserve.