When someone is injured due to the negligence of another party, it’s important to consult with a personal injury lawyer as soon as possible. This is because there is a deadline by which the injured party must file a claim or lawsuit, known as the statute of limitations. In Maine, the statute of limitations for personal injury cases varies based on the type of case and other factors. Understanding the statute of limitations in Maine personal injury law can help you protect your right to compensation if you’ve been injured.
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What is the Statute of Limitations?
A statute of limitations is a law that sets a deadline by which a person must file a lawsuit. This deadline is designed to ensure that cases are resolved in a timely manner and that evidence is preserved while it is still fresh. In Maine, the statute of limitations for personal injury cases is set by state law and varies depending on the type of case.
Statute of Limitations for General Personal Injury Cases
In Maine, the statute of limitations for general personal injury cases is six years from the date of the injury. This means that an injured person has six years from the date of their injury to file a claim or lawsuit. If they fail to do so within this timeframe, they may lose their right to sue for damages.
It’s important to note that the statute of limitations starts running on the date of the injury, not the date that the injured person discovers their injuries. This can be significant in cases where an injury is not immediately apparent, such as in cases of medical malpractice or toxic exposure.
In cases where the injured person is a minor, the statute of limitations is tolled, or put on hold, until the minor turns 18. This means that the six-year clock does not start running until the minor becomes an adult.
Statute of Limitations for Medical Malpractice Cases
Medical malpractice cases in Maine have a shorter statute of limitations than other types of personal injury cases. The statute of limitations for medical malpractice cases in Maine is three years from the date the injury was or should have been discovered, but no more than six years from the date of the negligent act. This means that the injured person has three years from the date they discovered their injury, or should have discovered it, to file a claim or lawsuit. If they fail to do so within this timeframe, they may lose their right to sue for damages.
Statute of Limitations for Wrongful Death Cases
Wrongful death cases are a type of personal injury case that arises when a person dies as a result of someone else’s negligence. In Maine, the statute of limitations for wrongful death cases is two years from the date of the person’s death. This means that the deceased person’s family or estate has two years from the date of their death to file a lawsuit. If they fail to do so within this timeframe, they may lose their right to sue for damages.
Exceptions to the Statute of Limitations
There are some exceptions to the statute of limitations in Maine personal injury law. For example, the statute of limitations may be tolled if the injured person was under a legal disability, such as being mentally incapacitated, at the time of the injury. In addition, the statute of limitations may be extended if the injured person did not discover their injury until after the statute of limitations had already expired.
The Importance of Hiring a Personal Injury Lawyer
If you’ve been injured in Maine, it’s important to consult with a personal injury lawyer as soon as possible. A lawyer can help you navigate the complexities of Maine personal injury law, including the statute of limitations, and ensure that your rights are protected throughout the legal process. By working with a lawyer, you can increase your chances of recovering the compensation you deserve for your injuries and other losses.
Conclusion
The statute of limitations is an important concept to understand in Maine personal injury law. By knowing the deadlines for filing a claim or lawsuit, you can protect your right to compensation if you’ve been injured due to someone else’s negligence. If you’re unsure about the statute of limitations for your case, consult with a personal injury lawyer who can help you understand your legal rights and options.