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.
§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.
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.