The state of Maine has specific rules and statutes that may affect your case in civil court. Understanding these statutes can vastly affect the outcome of your personal injury case.These are a few of the major Maine statutes regarding personal injury law.
Time Limits- Maine has a limit of six years from the time of the accident to file a personal injury claim. This is one of the most generous time limits in the United States, but it is important to file within this deadline. Failure to submit a claim within six years could forfeit your right to bring the matter to court.
Comparative Fault- Maine’s comparative fault statutes can determine the size of your personal injury settlement. If you are found to be more than fifty percent at fault for your accident, you may be barred from collecting any damages from the defendant. The court will decrease the damages by a percentage equal to your fault in the accident.
Auto Insurance- In Maine you have the option to file your claim, either through your insurer or that of the other driver. All drivers in the state are required to carry a minimum amount of liability insurance to cover personal injury.
Strict Liability in Dog Bite Cases- Maine adheres to the strict liability rule in dog attack cases. This means that the owner is liable whether or not the dog has bitten anyone before. This is in sharp contrast to the so-called “one bite” rule observed by some other states, which offers some protection the first time the dog attacks.
Damage Caps- Maine has limitations on monetary damages in personal injury cases. These caps vary in different types of cases. For example, a wrongful death suit carries a maximum of $500,000. These caps do not affect economic damages such as lost wages, medical bills, or other accident related expenses incurred by the plaintiff.
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