Anyone who has suffered an injury due to someone else’s negligence or intentional actions may have a personal injury claim. Maine’s personal injury laws are applied in cases where an individual is injured in an accident, wrongful death, medical malpractice, or defective product. It’s imperative to understand the laws surrounding personal injuries to ensure you’re not left with huge medical bills and financial loss.
Here’s a detailed overview of personal injury laws in Maine.
Table of Contents
What are Personal Injury Laws?
Personal injury laws are a set of legal rules designed to protect individuals who have been injured, physically or psychologically, due to someone else’s negligence or intentional harm. These laws help victims receive compensation to cover medical expenses, lost wages, and pain and suffering.
Statute of Limitations
Maine has a statute of limitations for personal injury lawsuits. This law specifies the time period within which claims must be filed in court. Generally, the statute of limitations for personal injury cases in Maine is six years from the date of injury. It’s recommended that you file your claim as soon as possible to make sure you don’t miss the deadline.
Shared Fault
Maine follows the comparative negligence rule for shared fault cases. This means that the court will assign a percentage of fault to the plaintiff and defendant. If the plaintiff is found to be partially at fault, their compensation will be reduced by the percentage of fault assigned to them. However, if a plaintiff is found to be 50% or more responsible for the accident, they won’t receive any compensation.
Damages
When filing a personal injury claim, it’s essential to know the different types of damages available. Damages refer to the compensation a victim receives to cover medical expenses, lost wages, and pain and suffering.
Economic Damages.
Economic damages are specific and easily calculable losses that the victim has incurred due to the accident. This includes medical expenses, lost wages, and property damage.
Non-Economic Damages.
Non-economic damages refer to indirect costs, such as pain, suffering, and emotional distress. These damages are challenging to quantify and can vary greatly based on the extent and severity of the injury.
Workers’ Compensation
Maine law requires employers to purchase workers’ compensation insurance for their employees. This insurance covers medical expenses and lost wages if an employee is injured while on the job. Workers’ compensation provides benefits regardless of who is at fault for the injury, and employees can file a claim for compensation without having to prove negligence.
Medical Malpractice
Medical malpractice is when a medical professional breaches their duty of care, leading to injury or harm. If you or a loved one has suffered medical malpractice in Maine, you have the right to file a lawsuit for damages against the healthcare provider.
Wrongful Death
In cases where a person dies due to someone else’s negligence or intentional actions, the surviving family members can file a wrongful death lawsuit. Maine law allows for damages for the loss of financial support, companionship, and the deceased’s expected future earnings.
Conclusion
In conclusion, Maine’s personal injury laws are designed to protect victims and provide them with compensation for their losses. Understanding these laws before filing a claim can significantly increase your chances of success. If you or a loved one has suffered a personal injury, it’s essential to speak with an attorney who can guide you through the legal process.