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