Maine Personal Injury
If you have suffered personal injuries as a result of an accident in Maine that was due to the fault or negligence of another, you may be entitled to receive compensation. That compensation is intended to reimburse you for your medical expenses (past and future), lost wages (past and future), and pain and suffering.
Types of Personal Injury Cases in Maine
Personal injury typically refers to physical, mental, and emotional injuries that occur to a person's body and are caused by the negligence of another. The injuries may range from the most severe and debilitating to relatively minor. Injuries can even result in death at the severe end of the spectrum. Personal injury does not encompass property damage to a person's real estate, vehicle, or other forms of property.
Of course, personal injuries can occur in a myriad number of ways. Often, the following types of accidents are cited as causes for personal injuries in Maine:
- car accidents
- motorcycle accidents
- truck accidents
- medical malpractice
- train accidents
- dog bites
- nursing home abuse
- SUV rollovers
- bicycle accidents
- airplane accidents
- toxic exposure
- bus accidents
- inadequate security
Of course, these are just some examples, among many others.
How Is Fault Determined in Maine Personal Injury Cases?
In order to collect a recovery from a personal injury claim, Maine personal injury law requires a litigant to establish the defendant was negligent. To do that, a personal injury plaintiff must demonstrate the following:
- Duty. The party causing the plaintiff's injuries (the defendant) had the legal responsibility or duty not to injure the plaintiff.
- Breach. The defendant failed to meet that legal responsibility or duty and, in fact, breached it.
- Causation. There is a connection or nexus between the defendant's legal responsibility or duty and the plaintiff's injury.
- Damages. The plaintiff ultimately suffered damages, such as personal injury or financial harm because of the accident's occurrence.
Maine Is a Modified Comparative Negligence Jurisdiction
Maine is a comparative negligence jurisdiction with a modified approach called the "50 percent bar rule." This particular negligence rule translates to mean that a damaged or injured party is not able to recover if 50 percent or more at fault for his or her injuries or the accident at issue. However, if the plaintiff is 49 percent of less at fault for his or her injuries or the accident, then he or she can recover, though the ultimate recovery is reduced by proportionate degree of fault.
Find a local Maine personal injury attorney today
Whether you live in Bangor, Portland, Freeport, Auburn, Augusta, or elsewhere in Maine, a Maine personal injury attorney can assist in providing an understanding of available legal options, remedies, and potential sources of recovery from the party at fault for your accident or injury. If a Maine personal injury attorney thinks you have a viable case, your lawyer will gather evidence related to your accident and accident-related expenses. Call now to speak with an attorney at 877-913-7222.