Individuals who suffer injuries because of another person or entities’ negligence may be able to recover for their damages from the negligent party. Under Maine’s personal injury laws, victims who wish to recover damages must be sure to adhere to the state’s strict procedural and evidentiary rules. Injury victims should consult and retain an experienced Maine injury victim to ensure that their rights and remedies are appropriately addressed.
Maine’s “statute of limitations” provides Maine injury victims with a strict amount of time that they have to file a personal injury lawsuit against the culpable party. In Maine, personal injury plaintiffs must file their lawsuits within six years of when the incident giving rise to the claim occurred. Relative to other states, Maine provides victims with a longer time frame to file their lawsuit; however, plaintiffs still risk dismissal if they fail to abide by the time period. Additionally, there are stricter and shorter deadlines when the claim is against a governmental entity such as a city or county. In those cases, plaintiffs must meet additional notice requirements, and they only have two years to file their claims.
Another critical concept that injury victims must understand is Maine’s comparative fault rule. Maine follows the modified comparative fault rule to resolve cases where the plaintiff is partially responsible for causing their own injuries and damages. Under the law, an injury victim’s damages will be reduced relative to their percentage of fault, as long as they are less than 50% responsible. If the injury victim is more than 50% responsible, courts will bar their claim, and they cannot collect any damages from the other party. The law requires Maine courts to apply the rule whenever the two parties share fault; however, the rule is also relevant during insurance settlement negotiations.
Plaintiffs must also understand how Maine’s automobile insurance laws might play into their lawsuits. Maine is a “fault” state, and this designation allows motorists to file a claim with their insurance company, the other party’s insurance company, and/or go to court to establish fault.
Finally, Maine plaintiffs must understand that the law provides damage caps on how much a person can recover. Typically, Maine caps damages at $500,000 on non-economic damages in specific personal injury cases. However, the caps do not apply to all personal injury cases and do not affect certain losses such as, lost wages and medical expenses.
Have You Suffered Injuries Because of Another’s Negligence?
If you or someone you know has suffered injuries or death because of another’s negligence, contact the Maine injury attorneys at Peter Thompson & Associates. The attorneys at our law firm have a long-standing reputation for successfully advocating on behalf of Maine injury victims. We have represented clients in an array of complicated Maine wrongful death and personal injury lawsuits and have recovered substantial settlements and jury awards on behalf of our clients. In combination with our deep and comprehensive understanding of state law, our attorneys have strong litigation skills. We are continuing to represent clients during the ongoing COVID-19 pandemic, contact our office at 1-800-804-2004 to schedule a free initial consultation with an attorney on our team.