The issue of comparative fault in Maine personal injury lawsuits is a significant one because, depending on the degree of it, an injured person’s right to collect damages may be significantly reduced or eliminated entirely.
Maine Revised Statute Titel 14 Part 1 Chapter 7 Section 156 covers “comparative negligence.” The law states that when a person suffers death or damages that are party the result of that person’s own fault, the claim isn’t barred entirely, but the amount of damages recoverable are to be reduced to such an extent the jury believes equitable, accounting for claimant’s share of responsibility. So if a plaintiff wins $100,000 in damages but is deemed to be 25 percent comparatively negligent, he or she will only collect $75,000 from defendant.
If a plaintiff is determined to be equally or more at-fault for his or her injuries, plaintiff cannot recovery any damages. Continue reading