Not legal advice: This article explains general Maine law principles and is for educational purposes only. It does not create an attorney‑client relationship. Consult a licensed Maine attorney to get advice specific to your situation.
Detailed answer — Can you recover for a back condition that existed before an accident but was made worse by it?
Yes. Under Maine tort principles, a person who causes an accident that aggravates or accelerates a pre‑existing back condition can generally be held responsible for the full additional harm caused by that accident. Courts commonly apply the “eggshell plaintiff” rule: a defendant must take a victim as the victim exists, even if the victim was unusually susceptible to injury.
However, two core legal points determine the outcome in any case:
- Causation: You must prove the accident caused the aggravation (or materially accelerated the condition). Medical records, contemporaneous treatment notes, imaging, and expert witness testimony (for example from an orthopedist or neurologist) are the usual sources of proof.
- Fault and comparative responsibility: If you share fault for the accident, Maine law will reduce your monetary recovery by your percentage of fault. The amount you can recover equals the damages caused by the accident, minus any reduction for your own negligence.
What kinds of damages are recoverable?
- Economic damages: past and future medical bills (emergency care, surgery, physical therapy, durable medical equipment), past lost wages, and loss of future earning capacity if your work is affected.
- Non‑economic damages: pain and suffering, loss of enjoyment of life, and mental anguish caused or worsened by the accident.
- Costs of future care: if the aggravation will require additional surgeries, lifelong treatment, or assistive devices, you can seek compensation for those projected costs.
How do courts and insurers separate the pre‑existing condition from the new injury?
Because you already had a condition, insurers and defense lawyers often argue that symptoms are from the underlying disease or natural progression rather than the crash. To defeat that argument you should:
- Show clear, time‑linked medical records: statements that symptoms worsened right after the accident, new findings on imaging, or new objective signs noted by clinicians.
- Get expert testimony: a physician who can explain, using medical records and diagnostic studies, how the accident more likely than not aggravated the condition.
- Use objective evidence when possible: new MRI, X‑ray changes, neurological findings, or documented loss of range of motion tied to the accident.
Example (hypothetical)
Before a rear‑end collision, Jane had chronic low‑back pain from a previous lumbar strain that flared occasionally and was managed with conservative care. After the collision, she experienced sudden severe pain, required epidural steroid injections, and an MRI showed a new herniated disc at L5‑S1. Her treating surgeon testifies the trauma accelerated her disc degeneration and caused neurologic compression. Jane can pursue compensation for the extra medical treatment, increased pain and suffering, and any lost income caused by the worsened condition.
Timing and procedural rules to watch
Personal injury claims are subject to time limits and procedural rules. In Maine, be mindful of limitations on how long you have to file a lawsuit and on evidence preservation. Start collecting and preserving medical records and witness statements right away. For general access to Maine statutes, see the Maine Legislature statutes index: https://legislature.maine.gov/statutes/.
When to talk to an attorney
Because cases involving pre‑existing conditions hinge on medical causation and damage valuation, you should consult a Maine personal injury attorney if:
- Your pre‑existing back problem required new or different treatment after the accident.
- The insurer disputes causation or denies full payment for treatment.
- Your injuries lead to surgery, long‑term therapy, or lost wages.
A lawyer can help gather medical evidence, work with experts, calculate future care costs, and negotiate with insurers or file suit if necessary. For help finding local counsel, see the Maine State Bar Association: https://www.mainebar.org.
Helpful Hints
- Seek immediate medical care after an accident and follow through with recommended evaluations. Early records strongly support causation.
- Tell all treating providers about both the accident and your pre‑existing back history so they can document changes and new findings.
- Keep copies of pre‑accident medical records and any notes about how your back functioned before the crash (work limits, prior imaging, medications).
- Save receipts for out‑of‑pocket medical expenses, transportation to appointments, and any household help you need because of the worsened condition.
- Take photos of visible injuries and make a contemporaneous account (date/time/symptoms) of how your pain and function changed after the accident.
- Do not accept the first low settlement offer. Insurers often undervalue claims that involve pre‑existing conditions. Consult an attorney before signing any release.
- Understand that if you bear some responsibility for the accident, your recovery will be reduced by your percentage of fault under Maine law.
- Preserve evidence and witnesses quickly: eyewitness accounts fade and records can be lost.