This form is a sample answer and defenses filed by the defendant in response to a complaint filed by the plaintiff.
Maine Answer - Personal Injury - Pharmaceutical - Multiple Defendants
State:
Multi-State
Control #:
US-PI-0262
Format:
Word;
Rich Text
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FAQ
In the majority of jurisdictions, the judge is required to rule that the violation of the criminal statute is negligence per se on the theory that the legislature has, by forbidding certain acts, made absolute the standard of care required, and any violation of the statute is deemed to be inconsistent with the minimum ...
The 50 percent rule allows a plaintiff to recover damages only if he or she is 49 percent at fault or less. Stated in another way, a plaintiff is completely barred from recovery if he or she is 50 percent at fault or more.
Under the 50 percent bar rule: the plaintiff may not recover damages if they are found to be 50% or more at fault. Under the 51 percent bar rule: the plaintiff may not recover damages if they are assigned 51% or more of the fault.
The 50 percent rule allows a plaintiff to recover damages only if he or she is 49 percent at fault or less. Stated in another way, a plaintiff is completely barred from recovery if he or she is 50 percent at fault or more.
A codefendant is one of multiple defendants jointly sued in the same civil action or formally accused of committing the same crime. For instance, if A sues B and C, B and C are codefendants.
The justice or judge before whom an action has been tried may on motion grant a new trial to all or any of the parties and on all or part of the issues for any of the reasons for which new trials have heretofore been granted in actions at law or in suits in equity in the courts of this state.
Modified Comparative Negligence: Under the 50 percent bar rule: the plaintiff may not recover damages if they are found to be 50% or more at fault. Under the 51 percent bar rule: the plaintiff may not recover damages if they are assigned 51% or more of the fault.
While pure comparative negligence lets you make a claim if you're up to 99% at fault, modified comparative does not. There are two threshold rules used: a 50% rule and a 51% rule. With a 50% threshold rule, you cannot collect if you're 50% or more responsible.