Legal Question in Personal Injury in Maine

Post traumatic stress syndrome

Are there any precedents where damages for psychological trauma have been awarded following accidents (ex. auto)when plaintif has history of previous trauma such as child abuse or rape. Plaintif was not under psychiatric or medical care at time of accident and was funtioning very well. Plaintiff suffered severe psychological trauma from a head-on collision with a drunk driver. Drunk driver was killed. Plaintif suffered survivor's guilt, fear and has been diagnosed by a Licensed Clinical Social Worker, Family Medical Physician and a Pschyciatrist as suffering from Post Traumatic Stress Syndrome. Insurance alleges that plaintif has history of trauma and is therefore more sensitive than the reasonable person.


Asked on 1/27/99, 8:59 am

1 Answer from Attorneys
Ronald Coles COLES & THOMPSON

Re: Post traumatic stress syndrome

Yes. The law is that the defendant "takes the victim as found"...which means that the defendant is liable for injuries to an "eggshell" plaintiff. PTSS is a recognized injury. Good luck. Ron Coles

Ronald Coles

COLES & THOMPSON

POBox 1028, 62 Portland Rd.


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Answered on 2/03/99, 10:52 am


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