Maine Personal Injury Laws
Maine personal injury laws vary from other state’s laws. Below are the most common personal injury laws in the state of Maine. Understanding your compensation rights and getting the help of an attorney is your first step towards filing a successful Maine personal injury claim.back to top
Maine Statute of Limitations
(How long do I have to file claims in Maine?)
The Maine statute of limitations for filing a personal injury claims is 6 years. Maine’s medical malpractice statute of limitations is 3 years from the date the action or omission occurred which gave rise to the injury. Actions on behalf of minors must be brought within six years of the date of the alleged act or within three years after the minor reaches the age of majority. Product liability claims must be filed within 6 years. These statutes for Maine claims are subject to change, contact a Maine injury attorney for definitive statutes at the time of your accident or injury.
Car Accident Laws in Maine
Maine = Fault State
Maine has adopted a fault-based or "tort liability" system. Compensation is paid by the insurance company of the driver who is determined at fault for the accident. Additionally, if you have been injured in a car accident which was the result of another driver’s actions you may have the right to file a car accident case for uncompensated economic damages such as lost wages and medical expenses and for non-economic damages including pain and suffering.
Maine is a Modified Comparative Fault- 50% Bar State
Maine is one of 12 states which uses the 50 percent bar rule. Under this rule you must be less than 50% responsible for the injury or loss to recover damages or compensation. If your fault is greater than 49% you cannot recover compensation. Additionally, your recovery is reduced by your degree of fault.back to top
Are there Damage Caps in Maine Injury Law?
(How much compensation or money could I possibly get for my injuries?)
Maine laws limit noneconomic damages against a carrier of a health plan to $400,000 (Me. Rev. Stat. Ann. tit. 24-A § 4313). Maine does not impose a cap on the amount of damages that may be collected in a medical malpractice action, but non- economic damages for wrongful death are limited to $150,000 and punitive damages are limited to $75,000. Me. Rev. Stat. Ann. tit. 18-A, § 2-804 (West Supp. 1997).
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