This form is a sample answer and defenses filed by the defendant in response to a complaint filed by the plaintiff. This form lists multiple affirmative defenses from which to select.
Maine Personal Injury Answer - Accident - Contract Involved
State:
Multi-State
Control #:
US-PI-0230
Format:
Word;
Rich Text
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How to fill out Personal Injury Answer - Accident - Contract Involved?
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FAQ
The Two Components of a Successful Personal Injury Lawsuit Are: Liability and Damages. If you have been injured through the negligence of someone else or business entity, the first important step is to establish claims for liability.
Personal injury compensation awards will be calculated based on the type and seriousness of your injury, and any other losses you have suffered as a result, such as medical bills or if you cannot work.
Injuries that occur as a result of someone else's careless or reckless actions may lead to a personal injury claim. It's important to understand the elements that apply to this type of case: duty of care; failure to exercise reasonable care (negligence); causation; and the presence of damages.
Maine uses a modified comparative negligence system. Plaintiff may recover for their damages as long as they are not found to be equally or more at fault than the defendant. Tortfeasors can be found ?jointly and severally liable" for the plaintiff's damages or financial costs and injuries.
The following are the penalties for leaving the scene of accident offenses: Class E: Maximum of 6 months of jail time Maximum of $1,000 in fines. Class D: Maximum of 12 months of jail time Maximum of $2,000 in fines 90 days of license suspension.
The existence of a legal duty that the defendant owed to the plaintiff. The defendant's breach of that duty. The plaintiff's sufferance of an injury. Proof that defendant's breach caused the injury (typically defined through proximate cause)
In Maine, the vast majority of personal injury claims are subject to a six-year statute of limitations.
A negligence claim requires that the person bringing the claim (the plaintiff) establish four distinct elements: duty of care, breach, causation, and damages.