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Maine Personal
Injury Law
These Maine personal injury laws and case descriptions will help you
understand important aspects of negligence claims in this state.
Maine Statute of Limitations:
Personal Injury: General personal injury, the SOL is 6 years.
Medical Malpractices: 3 years
Products Liability: 6 years.
Caps on Personal Injury Awards in Maine:
Non-economic damages are limited to $400,000 per occurrence. Punitive
damages are limited to $75,000.
There is an attorney fee award cap in the State of Maine at $7,500.00
for workers compensation cases.
Maine Serious Injury Threshold:
There is no serious injury threshold in Maine.
Maine is a
Fault state and follows the modified comparative fault
rule meaning that a party must be no more than 49% at fault in a
personal injury accident. If they are found 50% liable (or more) then
they are barred from recovering anything.
Personal Injury Claim Types & Liability
Theories in Maine:
Wrongful
Death Cases: When a negligent party causes another's death
they may be held liable for the wrongful death of the victim.
Slip and
Fall Accidents: If a personal injury occurs in which an
individual slips and falls and is injured, the property owner could be
held liable for the damages of the injured party. This is subject to
the injury threshold limitations in Maine.
Auto
Accident Claims: These injuries occur when a negligent driver
causes an accident by not following the rules of the road.
Medical Malpractice Claim:
When a death or injury occurs as a result of the negligence of a
medical professional, that professional or the health facility that
employs them may be liable to the decedent's estate for financial
damages.
Product
Liability Lawsuit: If a product fails to perform in the way
in which it was designed and it results in the death or serious injury
of the user, the manufacturer or distributor can be held strictly
liable for the injuries.
Workers'
Compensation Law: Maine is a compulsory state which means all
employers must carry workers compensation insurance to protect their
workers. If an employee is injured while performing their job duties,
the employer must provide compensation to the injured party.
For More
Information Check out these sites:
Official
Maine State Website
More info on the Statutes of Limitations in
Maine
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