Pre-Existing Conditions and Maine Injury Claims: The Eggshell Plaintiff

If you had a prior injury or condition, expect the insurer to argue your current problems aren't the crash's fault. Maine law has an answer.

The Eggshell Plaintiff Rule

Maine follows the principle that a defendant takes the victim as they find them. If the crash worsened a pre-existing condition, the at-fault party is responsible for that aggravation.

Aggravation Is Compensable

You can recover for the extent your condition was made worse, even if you weren't perfectly healthy before. The key is documenting your baseline and the change.

Why Records Matter

Clear before-and-after medical records defeat the insurer's attempt to write off your injuries as old news.

This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Maine attorney.