Questions That You Need To Ask Yourself Before Filing A Personal Injury Lawsuit In Maine
Personal injury lawsuits can be pretty tricky, particularly if you aren't too familiar with the laws of your state. In some cases, an insurance claim might be more reliable, but the potential winnings of a lawsuit can be very attractive as well. In order to help you build the best lawsuit possible, here are some of the questions that you will need to ask yourself when it comes to filing a personal injury lawsuit in Maine:
When were you injured?
Your first order of business is to figure out exactly when your injury happened. From the date of the injury, you have 6 years to file your lawsuit, which is actually a relatively long period of time. Many states only give you 2-3 years, but 6 years will give you plenty of time to plan out your case and wait for a time when a lawsuit is financially feasible.
However, you don't necessarily need to panic if 6 years have already passed. There are a couple of key exceptions that you might qualify for.
Were you a minor at the time?
For example, if you were not legally an adult at the time of your injury, then you might qualify for an extension. In many cases, you can get 6 years from the date that you legally become an adult.
When did you discover your injuries?
If you didn't immediately discover the extent of your injuries, then you might be able to get the deadline extended as well. Usually, the 6 years will start counting from the date that you discover the injuries, but you will need to talk to a professional if you are filing a medical malpractice lawsuit. The laws can get very specific and particular in those cases.
Were you partially responsible for your injuries?
You also want to consider the ramifications of comparative negligence on your case. Comparative negligence essentially says that the plaintiff should get less money than they asked for if they were found to be partially responsible for their injuries. In other words, if your injuries were somewhat your fault, then you will get less money than you asked for.
Maine follows a very common version of this law, which states that your compensation will be reduced proportionally to your level of responsibility. However, this does change when your level of responsibility exceeds 50%, at which point you will not be able to recover any damages at all. Click here for info on car accident lawyers and personal injury lawsuits.