Personal Injury Claims & Lawsuits In Maine (2025)
Summary
- You usually have six years to file a personal injury claim in Maine
- Comparative negligence laws let you recover losses when partly liable
Imagine you’re driving down Old Canada Road or attempting to cross the Cony Circle and Bangor Street intersection in Augusta, and you get hit by a distracted driver. If you sustain property damage and serious injuries, what are your legal options? One of them may be to begin a personal injury claim.
Personal injury claims & lawsuits in Maine can be based on negligence, strict liability or even wrongful conduct. There are strict timelines you must be aware of, as well as many other complexities, which is why hiring attorneys is so vital. Learn more about starting a claim after suffering injuries because of another party's misconduct.
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Common Types of Personal Injury Claims in Maine
To have the best chance of succeeding when starting personal injury claims & lawsuits in Maine, it can help to know a bit more about each of the most common types.
Motor Vehicle Accident
Motor vehicle accidents lead to the majority of claims in the state. Maine is a fault state for collisions, so you would file against the other party’s insurer in an accident if they were responsible. You can be partly to blame and still recover losses because Maine has modified comparative negligence laws. Your liability must be less than 50%, however.
General Injury
General injury cases involve another party’s negligent or wrongful conduct resulting in losses. A ceiling tile falling on you while eating at a restaurant or an appliance that malfunctions because of a defective part can cause injuries for which you can file a claim.
Workers’ Compensation
Employers in Maine must carry workers’ compensation insurance to cover their employees. If you suffer a work-related illness or injury, you can file a workers’ compensation claim and have your medical bills and lost wages covered.
You will not be able to sue your employer, but if a third party was involved in the accident, you may be able to begin a lawsuit against them.
Sexual Assault
Sexual assault personal injury claims offer the chance to sue the perpetrator. You will be filing against their general liability insurance. For these cases, you can hold the perpetrator liable along with other parties who owed you a duty of care, including institutions like schools.
Dog Bite
Maine has strict liability laws for dog bites. This means that if you didn’t provoke the animal and you were legally on the property, you can hold the dog’s owner liable for any losses you sustain.
Slip and Fall
If a property owner or manager knew or should have reasonably been aware of a slipping or tripping hazard on their premises and did nothing about it, they can be responsible for any injuries that occur. Premises liability laws cover these types of claims.
Medical Malpractice
A medical professional who doesn’t offer the standard and expected level of care can be liable. Medical malpractice requires demonstrating that another professional would not have made the same error that led to your losses. You can file a claim against the defendant as well as against the hospital that employs them, if applicable.
Filing a Personal Injury Claim
To file a personal injury claim in Maine, you must get medical assistance and collect as much evidence as possible to prove the types of injuries you suffered and establish liability. It’s always best to hire attorneys to assist you, since they will know how to write and file the letter of demand that you need to send to the defendant’s insurance.
In Maine, you have six years to file most types of personal injury claims. With medical malpractice cases, however, you will typically only have three years.
You should not accept any settlement offers from insurers without consulting your lawyer first. Insurers will do everything they can to minimize your claim, so you need representation to negotiate aggressively for fair compensation.
As much as 60% to 70% of all claims are resolved via a settlement.
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Typical Personal Injury Settlement Amounts in Maine
There aren’t settlement amounts specific to Maine, but nationally, the average settlement for car accident injuries and property damage is $30,416. The average dog bite settlement amounts are $69,300, and the average truck accident settlement is $103,654.
The severity of your injuries, how they impact your life and the amount of evidence you have will affect your settlement.
When You Need to File a Lawsuit
Although the goal is to obtain a settlement, there are instances when a lawsuit may be necessary. If insurers deny your claim or if they continue to make low offers, filing a lawsuit could be the right choice. The same applies if the fault isn’t clear.
The process starts with your lawyer formally filing the lawsuit in the appropriate court. The discovery phase then begins, which involves all parties exchanging information related to the case. Negotiations typically continue right until you go to court.
Only 15% to 20% of claims become lawsuits, and just 3% to 5% actually make it to trial. The rest are settled out of court.
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Get Matched With a Personal Injury Lawyer in Maine
Local lawyers will have the resources to pursue your claim aggressively. They will have expert witnesses they can call on and will understand the unique challenges that your case may face in Maine.
At ConsumerShield, we can connect you with an experienced attorney in your area so that you can fight for your rights. Contact our team to learn more about our services.
Frequently Asked Questions
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No, your lawyer will only get paid if you do. They also do not charge for the initial consultation.
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If you file a personal injury claim, yes, you can receive compensation for pain and suffering as part of non-economic damages.