I’ve struggled to find good numbers in Maine for personal injury verdicts in personal injury cases. I found some data that indicates that the average jury verdict in Maine is a little over $27,000 in personal injury case generally and $15,000. But these statistics are pretty old.
In a slightly more recent study, there were 222 personal injury verdicts in Maine in which the Plaintiff prevailed. These verdicts totaled about $45 million which comes about to an average that is approximately $200,000. What good is this data? Probably not much because the verdicts are self-reporting, which means lawyers eager to publish their successes – both plaintiffs’ and defendants’ lawyers – are unduly represented.
So, ultimately, I don’t have much to tell you about Maine verdicts.
Here is a sampling of some verdicts and settlement amounts from the Pine Tree State:
- 2024, Maine: $2,400,000 Verdict: The plaintiff suffered permanent injuries to her left arm during an endoscopic procedure at Northern Light Eastern Maine Medical Center in Bangor. Plaintiff’s malpractice lawsuit argued that the medical staff failed to secure her arm properly, resulting in complex regional pain syndrome.
- 2022, Maine: $10,000,000 Settlement. the lawsuit alleged that a federally funded medical center was negligent in failing to recognize and report red-flag symptoms of child abuse as required under state law. As a result of this failure to report the abuse, the minor plaintiff suffered a fractured skull, brain damage and permanent blindness after being physically abused by her boyfriend.
- 2002, Maine, $5,000,000 Verdict. A Bowdoinham man sought medical attention at a walk-in clinic in Brunswick where he was diagnosed with the flu and sent home. Days later, he was hospitalized at Mid Coast Hospital with pneumonia, sepsis, and acute respiratory failure, requiring intubation and a transfer to Maine Medical Center via LifeFlight. He remained hospitalized, suffering multiple strokes and other complications. The jury found negligence in the failure to provide adequate care and communication, initially awarding over $7 million, later reduced due to the plaintiff’s partial negligence.
- 2021, Maine: $90,000 Verdict. The plaintiff brought a civil lawsuit against the local police department for false arrest and malicious prosecution after he was arrested based on false witness testimony. Jury awarded $90,000 in damages.
- 2019, Maine: $2,054,000 Verdict. A woman was a passenger on a motorcycle that was hit by a vehicle attempting a right turn. The impact threw her off the vehicle and she skidded 60 feet on the asphalt. She suffered road rash and left arm and hand fractures. The road rash covered over 50 percent of her body. She had permanent disfigurement and scarring. The woman was a professional dancer and athlete. Her injuries affected her ability to do both. The jury awarded her $2,054,000 in damages.
- 2017, Maine: $2,000,000 Verdict. A 40-year-old laborer underwent surgery to treat his fractured and fissured wrist cartilage. The surgeon left a protruding screw that caused his arthrosis in the joint space. The man sued the surgeon. He contended that the surgeon negligently left the screw in, failed to examine post-operative films, and failed to inform him. He received a $2,000,000 award.
- 2016, Maine: $2,100,000 Verdict. A man visited the emergency room and underwent a blood test. The results indicated an infection. He was not sent to a physician. The man continued feeling ill. He visited the doctor repeatedly, but never underwent another blood test. Eight months later, doctors diagnosed him with infective endocarditis that caused heart failure. He would need to emergency cardiac surgery to replace his damaged heart valve. The man contended that if doctors reviewed his blood tests, he could have avoided the whole situation. A jury awarded the man a $2,100,000 award. However, they found him partly liable for his injuries and reduced the award to $1,785,000.
- 2015, Maine: $610,000 Verdict. The apartment building’s second story deck collapsed. A 30-something tenant suffered chronic back syndrome and the irritation of his nerve root. His injuries required anterior plating, interbody fusion, and cervical corpectomy. He was unable to work, developed severe depression, and attempted suicide. The man contended that the apartment’s owner repeatedly assured them that the deck was safe for use. He further asserted that the owner also failed to properly maintain the deck and to provide safe premises. The jury awarded him $610,000 in damages.
Maine Personal Injury Law
This section will provide a general overview of Maine law in personal injury cases such as medical malpractice, auto accidents, and product liability claims.
Statute of Limitations in Maine Injury Cases
All states have statute of limitation laws that limit how long a potential plaintiff can wait before taking action and filing a lawsuit for a personal injury case. Maine has its own statute of limitations that sets legal deadlines for filing tort lawsuits. If the plaintiff does not file their case before these deadlines expire, they will be permanently barred from filing. The statute of limitations in Maine is slightly different for medical malpractice cases vs. auto accidents and other personal injury claims, so we will look at those separately.
General 6-Year Statute of Limitations
In Maine, the statute of limitations for filing a personal injury lawsuit is generally six years from the date of the injury. This means that you have six years from the time the injury occurred to file a lawsuit in court. If you do not file within this time frame, you may lose your right to pursue legal action for that injury. Me. Rev. Stat. tit. 14, § 752 This general SOL applies to all negligence actions in Maine other than medical malpractice.
3-Year Deadline for Medical Malpractice Cases
The statute of limitations in Maine is shorter for cases involving medical malpractice. Under Maine law a plaintiff only has 3-years from the date of the malpractice to file a medical malpractice case. Special rules apply when minors or other unusual circumstances are involved. (Me. Rev. Stat. tit. 24, § 2902
Discovery Rule
Like most states, Maine follows a legal doctrine called the discovery rule that can significantly extend the applicable statute of limitations. The discovery rule the statute of limitations when a plaintiff does not discover the injury until after the statute of limitations has expired. In these cases, the statute of limitations begins to run from the date that the plaintiff discovers, or should have discovered, the injury.
Be careful assuming this rule applies to your case. Many victims who rely on the discovery rule find out that the rule does not apply to them. Or they assume the wrongful death deadline to file is the same as the personal injury deadline.
Suing the State Government
When your claim is against the government, you must file a lawsuit within two years of when the claim accrues. An exception exists for minors, who have two years after their 18th birthday to file suit. Me. Rev. Stat. tit. 14, § 8110
Claims against the government are also subject to a special notice requirement. According to Me. Rev. Stat. tit. 14, § 8107.1 (2023), you must send written notice of your claim to the government within 365 days after the claim accrues. The notice must be directed to the persons and offices specified in Me. Rev. Stat. tit. 14, § 8107.3. It is important to note that filing this notice is not the same as filing a lawsuit in court. You must provide notice of your claim before you can proceed with filing a lawsuit.
Mass Torts in Maine
Our firm handles product liability and mass tort cases across the country. Many of these mass torts involve large numbers of Maine residents or have strong connections to Maine. Here are some of the mass torts we are currently accepting cases for in Maine:
- Camp Lejeune lawsuit: A new law allowed individuals exposed to the toxic water at the Camp Lejeune Marine Corps base in Maine to file compensation claims. Obviously, the epicenter this litigation is Maine.
- Uber Sex Abuse Lawsuits: Uber simply has poor controls and screening processes to protect women from predator drivers.
- Suboxone Tooth Decay Lawsuit: Suboxone is a drug used to help manage opioid addiction, but it causes severe tooth decay and tooth loss. Suboxone users are now filing lawsuits against the manufacturer for failing to warn about this side effect. Maine’s three years statute of limitations has kept these cases in play longer than in some other jurisdictions.
- Bard PowerPort: The Bard PowerPort is a port catheter device commonly used by chemotherapy patients. Design flaws in the PowerPort have caused many serious health complications for patients.
Maine Medical Malpractice Laws
Similar to many other states, Maine has a specific statute of limitations for medical malpractice lawsuits. According to Maine Revised Statutes Title 24, section 2902, a medical malpractice lawsuit must be filed within three years from the date the cause of action accrues. This means you have three years from the date the alleged medical error occurred, committed by the defendant doctor or healthcare facility, to file a lawsuit.
Notice of Claim Requirement in Maine Malpractice Cases
To initiate a medical malpractice lawsuit in Maine, a plaintiff must prepare and file a “notice of claim.” This document, made under oath, must detail “the professional negligence alleged and the nature and circumstances of the injuries and damages alleged.” In other words, it should specify what the healthcare provider did wrong and how the patient was harmed.
A separate notice is required for each healthcare provider being sued, and it must be accompanied by a $200 filing fee, although the fee may be waived in certain situations. For more information, refer to Me. Rev. Stat. Title 24, section 2853.
Prelitigation Screening Required for Maine Malpractice Cases
Maine requires “prelitigation” screening of potential medical malpractice lawsuits to “identify claims of professional negligence which merit compensation” and “encourage early withdrawal or dismissal of nonmeritorious claims.”
After the plaintiff files a notice of claim and the healthcare provider responds, a screening panel is assembled according to the process outlined in Me. Rev. Stat.Title 24, section 2852. The parties then agree on a schedule for submitting all relevant medical records and other evidence to the panel and for exchanging necessary information with each other for review and evaluation.
The panel then reviews all evidence and hears testimony from the parties and their medical experts. Within 30 days, the panel issues an opinion on the viability of the patient’s case. This opinion remains confidential unless the panel unanimously decides in favor of either the plaintiff or the defendant. In such cases, the panel’s findings become admissible in court, allowing the jury to consider the panel’s decision when determining whether malpractice was committed.
Damages Caps In Maine
In Maine, there is no specific law that limits or caps damages in a medical malpractice case, meaning there is no limit on the compensation a plaintiff can receive after winning a lawsuit in court. However, for any personal injury case involving allegations of wrongful death, Maine law does cap noneconomic damages at $750,000. This cap applies to compensation for “the loss of comfort, society, and companionship of the deceased, including any damages for emotional distress.” Importantly, there is no cap on economic damages, such as compensation for the costs of the deceased person’s medical care.
Maine Sex Abuse Lawsuits
Victims of sexual abuse or assault in Maine have the right to bring a Maine sex abuse lawsuit and get financial compensation. Victims of sexual abuse in Maine can sue not only the individual who perpetrated the abuse, but also against third parties such as schools, churches, or other organizations who negligently enabled the abuse to happen. Maine recently passed a new law that allows victims of childhood sexual abuse to file civil lawsuits no matter how long ago the sexual abuse occurred.
Contact Us About Maine Injury Lawsuits
If you have an injury, malpractice, sex abuse, or any other type of civil lawsuit in Maine, contact us today for a free case evaluation. Call us at 800-553-8082 or contact us online.