16 Feb. 2014

How Do Maine Courts Determine Fault for Personal Injury?

Posted By Shaheen & Gordon, P.A.

Every state has its own personal injury laws, and courts determine fault and the right to recover damages based on state laws. A Maine personal injury lawyer can evaluate your accident or injury to see whether you have a legal right to pursue compensation in Maine.

Maine statute §156. Comparative negligence defines the injured party’s right to compensation when bringing a claim against other parties. The statute states that "fault means negligence, breach of statutory duty or other act or omission that gives rise to liability." A common example of negligence is a driver who violates traffic laws or makes no attempt to avoid an accident. A person who drives while intoxicated is another example. When you bring a case, the court evaluates all parties who contributed to your injury or accident and assigns a percentage of fault to each party. If the jury decides your percentage of fault was equal to or greater than the combined fault of the defendants, then it denies you the right to recover damages. This comparative negligence method for determining fault is the 50 percent rule. If your percentage of fault is less than 50 percent, you can recover damages. However, the jury also reduces your recovery amount based on your percentage of fault. For example, if your damages were $100,000 and you were 20 percent at fault, you could only recover $80,000.

Our Maine personal injury attorneys can thoroughly investigate an accident or injury to gather evidence that shows other parties are at fault.

Shaheen & Gordon, P.A. works to maximize clients’ recoveries beyond what insurance companies propose in settlement offers. We provide a free consultation to discuss your personal injury and explain how we can help.

Categories: Personal Injury
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