Maine Personal Injury Demand Letter

PERSONAL INJURY DEMAND LETTER — STATE OF MAINE

PRIVILEGED AND CONFIDENTIAL — SETTLEMENT COMMUNICATION
PREPARED IN ANTICIPATION OF LITIGATION
Subject to Maine Rule of Evidence 408

ATTORNEY INFORMATION

Law Firm: [________________________________]
Attorney Name: [________________________________]
Maine Bar No.: [________________________________]
Address: [________________________________]
City, State, ZIP: [____________________], Maine [________]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

CLAIM INFORMATION

Date of Letter: [__/__/____]

Sent Via: ☐ Certified Mail, Return Receipt Requested ☐ Regular U.S. Mail ☐ Email ☐ Facsimile

To:
Insurance Company: [________________________________]
Claims Adjuster: [________________________________]
Adjuster Address: [________________________________]
City, State, ZIP: [________________________________]

Claim Number: [________________________________]
Policy Number: [________________________________]
Insured (Defendant): [________________________________]
Claimant: [________________________________]
Date of Loss: [__/__/____]
Date of Birth (Claimant): [__/__/____]
Type of Claim: ☐ Bodily Injury ☐ Wrongful Death ☐ Property Damage ☐ Uninsured Motorist ☐ Underinsured Motorist ☐ MedPay

I. INTRODUCTION AND PURPOSE

This letter constitutes a formal demand for settlement on behalf of our client, [________________________________] ("Claimant"), for personal injuries, damages, and losses sustained as a direct and proximate result of the negligence of your insured, [________________________________] ("Defendant"), arising from an incident that occurred on [__/__/____] in [________________________________], Maine.

This firm represents Claimant in connection with all claims arising from this incident. Please direct all future communications to our office. Pursuant to Maine Rule of Professional Conduct 4.2, no contact should be made directly with our client.

Prejudgment Interest Notice

Notice of Claim: Pursuant to 14 M.R.S. § 1602-B, this letter serves as notice of Claimant's claim, setting forth the cause of action. Prejudgment interest begins to accrue from the date of this notice (or the date of filing of the complaint, whichever is earlier).

II. FACTUAL BACKGROUND

A. Incident Description

On [__/__/____], at approximately [____] ☐ a.m. ☐ p.m.:

Location: [________________________________]
City/County: [________________________________], Maine
Weather Conditions: [________________________________]
Road/Surface Conditions: [________________________________]
Lighting Conditions: ☐ Daylight ☐ Dusk ☐ Dawn ☐ Darkness ☐ Artificial Lighting

Type of Incident:
☐ Motor vehicle collision
☐ Rear-end collision
☐ Intersection collision
☐ Head-on collision
☐ Side-impact / T-bone collision
☐ Pedestrian accident
☐ Bicycle accident
☐ Motorcycle accident
☐ Trucking / commercial vehicle
☐ Snowmobile / ATV accident
☐ Boating / maritime accident
☐ Slip and fall / Premises liability
☐ Dog bite / Animal attack (7 M.R.S. § 3961 — strict liability for dogs)
☐ Product liability
☐ Medical malpractice
☐ Other: [________________________________]

B. Narrative of Events

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

C. Police Report / Incident Documentation

Responding Agency: [________________________________]
Report Number: [________________________________]
Investigating Officer: [________________________________]

The official report documents:

• [________________________________]
• [________________________________]
• [________________________________]

Citations Issued to Defendant: ☐ Yes ☐ No
If yes, specify: [________________________________]

D. Witnesses

E. Evidence

☐ Photographs of accident scene
☐ Photographs of vehicle damage / hazardous condition
☐ Photographs of Claimant's visible injuries
☐ Surveillance camera footage
☐ Dashcam / bodycam footage
☐ Other: [________________________________]

III. LIABILITY ANALYSIS UNDER MAINE LAW

A. Negligence Standard

Under Maine law, negligence requires proof of: (1) a duty of care owed by the defendant to the plaintiff; (2) a breach of that duty; (3) an injury to the plaintiff that was proximately caused by the breach; and (4) resulting damages. See Bonin v. Crepeau, 2005 ME 59 (2005).

B. Defendant's Breach of Duty

☐ Failure to exercise due care (29-A M.R.S. § 2074)
☐ Failure to yield right-of-way (29-A M.R.S. § 2057 et seq.)
☐ Following too closely (29-A M.R.S. § 2066)
☐ Excessive speed (29-A M.R.S. § 2074)
☐ Violation of traffic control device (29-A M.R.S. § 2057)
☐ Distracted driving / handheld device (29-A M.R.S. § 2119)
☐ Operating under the influence (29-A M.R.S. § 2411)
☐ Failure to maintain safe premises
☐ Negligent maintenance of property
☐ Snow and ice negligence
☐ Dog owner strict liability (7 M.R.S. § 3961)
☐ Negligent entrustment
☐ Respondeat superior / vicarious liability
☐ Other: [________________________________]

Specific breaches:
[________________________________]
[________________________________]

C. Maine Modified Comparative Fault — "Informed Judgment" Approach (50% Bar)

14 M.R.S. § 156 provides:

"Where any person suffers death or damage as a result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that death or damage shall not be defeated by reason of the fault of the person suffering the death or damage, but the damages recoverable in respect thereof shall be reduced to such extent as the jury thinks just and equitable having regard to the claimant's share in the responsibility for the damage..."

Critical limitation:

"...provided that this section does not operate to defeat any defense arising under a contract. The court shall instruct the jury to find and record the total damages which would have been recoverable if the claimant had not been at fault and further instruct the jury to reduce the total damages to the extent the jury considers just and equitable, having regard to the claimant's share in the responsibility for the damage and to record that reduction in dollars and cents."

"When damages are recoverable, the court shall instruct the jury to find and record total damages and reduce them by dollars and cents, not by percentage."

Key Features of Maine's System:

• Plaintiff is barred from recovery if found to be equally at fault (50% or more)
• If less than 50% at fault, damages are reduced — but by dollar amount rather than percentage
• This "informed judgment" approach is unique to Maine and gives the jury broader discretion in determining the reduction
• The jury determines total damages first, then independently determines the dollar reduction

Application to This Case: Your insured bears the overwhelming majority of fault for this incident. Claimant's fault, if any, is [none / negligible] because [________________________________]. Any reduction in damages would be minimal.

D. Joint and Several Liability — RETAINED

Maine retains joint and several liability under 14 M.R.S. § 156. This means:

• Each defendant found liable may be held responsible for the full amount of Claimant's damages
• Joint tortfeasors have a right of contribution from other liable parties
• This is significant where multiple defendants exist — your insured may be liable for all damages even if other parties share fault

IV. INJURIES AND MEDICAL TREATMENT

A. Summary of Injuries

☐ Traumatic brain injury (TBI) / Concussion
☐ Cervical spine injury (herniation, bulge, fracture)
☐ Thoracic spine injury
☐ Lumbar spine injury (herniation, bulge, fracture)
☐ Shoulder injury (rotator cuff tear, labral tear)
☐ Knee injury (meniscus tear, ligament tear, fracture)
☐ Hip injury (fracture, labral tear)
☐ Rib fractures
☐ Facial lacerations / scarring / disfigurement
☐ Dental injuries
☐ Wrist / hand / finger injuries
☐ Ankle / foot injuries
☐ Internal organ injury
☐ Soft tissue injuries
☐ PTSD / Anxiety / Depression
☐ Chronic pain syndrome
☐ Cold weather aggravation (relevant in Maine climate)
☐ Other: [________________________________]

Primary Diagnoses (ICD-10 Codes):

1. [________________________________] — [________]
2. [________________________________] — [________]
3. [________________________________] — [________]
4. [________________________________] — [________]
5. [________________________________] — [________]

B. Chronological Treatment History

Emergency / Initial Treatment

Date: [__/__/____]
Provider: [________________________________]
Facility: [________________________________]
Arrived Via: ☐ Ambulance ☐ Self ☐ Other
Treatment: [________________________________]
Findings: [________________________________]

Primary Care / Follow-Up

Specialist Treatment

Specialist: [________________________________]
Specialty: [________________________________]
Treatment Period: [__/__/____] through [__/__/____]
Treatment Provided: [________________________________]
Findings/Recommendations: [________________________________]

Diagnostic Imaging

Physical Therapy / Rehabilitation

Provider: [________________________________]
Treatment Period: [__/__/____] through [__/__/____]
Number of Sessions: [____]
Treatment Modalities: [________________________________]
Progress / Outcome: [________________________________]

Surgical Treatment (if applicable)

Date: [__/__/____]
Surgeon: [________________________________]
Procedure: [________________________________]
Outcome: [________________________________]

Pain Management (if applicable)

Provider: [________________________________]
Treatment Modalities:
☐ Epidural steroid injections
☐ Facet joint injections
☐ Nerve blocks
☐ Trigger point injections
☐ Radiofrequency ablation
☐ Medication management
☐ Other: [________________________________]

C. Current Condition and Prognosis

[________________________________]
[________________________________]

☐ Claimant has reached MMI
☐ Claimant continues active treatment
☐ Future surgery recommended: [________________________________]
☐ Permanent impairment rating: [____]% whole person

D. Future Medical Treatment

☐ Life care plan prepared by [________________________________] — enclosed.

V. DAMAGES CALCULATION

NO DAMAGE CAPS ON COMPENSATORY DAMAGES IN MAINE. There is no statutory cap on economic or noneconomic damages in personal injury cases. Punitive damages are capped at $500,000 (14 M.R.S. § 8105).

A. Past Medical Expenses (Itemized)

B. Future Medical Expenses

C. Past Lost Wages / Income

Employer: [________________________________]
Position/Title: [________________________________]
Rate of Pay: $[________] per ☐ hour ☐ week ☐ month ☐ year
Period of Absence: [__/__/____] through [__/__/____]
Total Days Missed: [____]

D. Future Lost Earning Capacity

Vocational Expert: [________________________________]
Economist: [________________________________]
Projected Loss Period: [____] years
Present Value: $[________]

E. Noneconomic Damages (Pain and Suffering)

No Cap on Noneconomic Damages in Maine. Maine does not impose a statutory cap on noneconomic (pain and suffering) damages in personal injury cases.

Claimant has suffered and continues to suffer:

☐ Physical pain and suffering (past and ongoing)
☐ Mental and emotional distress
☐ Anxiety, depression, and PTSD
☐ Loss of enjoyment of life
☐ Scarring and disfigurement
☐ Physical limitations and disability
☐ Loss of independence
☐ Inconvenience and interference with daily activities
☐ Aggravation of injuries during Maine's harsh winter climate
☐ Impaired ability to participate in seasonal activities (skiing, hiking, fishing, etc.)
☐ Other: [________________________________]

Narrative of Impact on Daily Life:
[________________________________]
[________________________________]
[________________________________]

Noneconomic Damages Claimed: $[________]

F. Loss of Consortium (if applicable)

Spouse/Partner Name: [________________________________]
Impact: [________________________________]
Amount Claimed: $[________]

G. Property Damage

H. Out-of-Pocket Expenses

I. MedPay Benefits Received / Offset

J. Summary of All Damages

VI. INSURANCE COVERAGE ANALYSIS

A. Defendant's Liability Coverage

Carrier: [________________________________]
Policy Number: [________________________________]
Bodily Injury Limits: $[________] / $[________]
Property Damage Limits: $[________]
Umbrella / Excess: ☐ Yes ☐ No ☐ Unknown — Limits: $[________]

Note: Maine requires minimum liability coverage of $50,000/$100,000/$25,000 (29-A M.R.S. § 1605), or a Combined Single Limit of $125,000. Maine has among the highest minimum liability requirements in the nation.

B. Claimant's Coverage

Carrier: [________________________________]
Policy Number: [________________________________]

☐ Medical Payments (MedPay): $[________] (minimum $2,000 required — 24-A M.R.S. § 2903)
☐ Uninsured Motorist (UM): $[________] / $[________] (mandatory)
☐ Underinsured Motorist (UIM): $[________] / $[________]
☐ Collision Coverage: $[________]

UM/UIM Notes: Maine requires UM coverage at liability minimums ($50,000/$100,000). UIM coverage must be offered but may be rejected. See 24-A M.R.S. § 2902.

C. Other Potential Coverage

☐ Homeowner's / Renter's insurance
☐ Commercial general liability
☐ Workers' compensation
☐ Health insurance subrogation / lien: $[________]
☐ Medicare / Medicaid lien: $[________]

VII. PREJUDGMENT INTEREST

Under 14 M.R.S. § 1602-B, prejudgment interest is available in civil actions:

Key Provisions:

• Rate: 1-year U.S. Treasury bill rate + 3% (for judgments $30,000 or less)
• Rate: 1-year U.S. Treasury bill rate + 1% (for judgments exceeding $30,000)
• The "1-year U.S. Treasury bill rate" means the weekly average one-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the last full week of the calendar year immediately prior to the year in which prejudgment interest begins to accrue
• Accrual: From date of notice of claim (served under oath on defendant) or date of filing complaint, whichever is earlier
• Runs until date of order of judgment

Application:

• This letter serves as notice of claim under § 1602-B
• Prejudgment interest accrues from: [__/__/____]
• Estimated prejudgment interest to date: $[________]

Note: Under 14 M.R.S. § 8105, court costs and prejudgment interest are included within the $500,000 punitive damages cap, but this does not apply to compensatory damages.

VIII. PUNITIVE DAMAGES

Under Maine law, punitive damages are available upon a showing of actual or implied malice by clear and convincing evidence (or evidence that is "highly probable").

☐ This case does involve conduct warranting punitive damages.
☐ This case does not currently involve a claim for punitive damages.

Cap (14 M.R.S. § 8105): Punitive damages may not exceed $500,000. Court costs, prejudgment interest, and all other costs assessed by the court must be included within this limit. Post-judgment interest is excluded.

Important: Punitive damages are NOT available in wrongful death actions in Maine.

If applicable, punitive damages are warranted because:
[________________________________]
[________________________________]

IX. SETTLEMENT DEMAND

Based on the foregoing analysis, Claimant demands:

$[________________________________]

This demand reflects the full value of Claimant's damages under Maine law, including economic damages, noneconomic damages, and applicable prejudgment interest.

Response Deadline: This demand shall remain open for [____] days, until [__/__/____].

Method of Response: Please respond in writing to the undersigned.

X. STATUTE OF LIMITATIONS

Maine has one of the LONGEST statutes of limitations for personal injury: SIX (6) YEARS.

General Personal Injury (14 M.R.S. § 752):
All civil actions shall be commenced within six years after the cause of action accrues.

• Date of Loss: [__/__/____]
• SOL Expiration: [__/__/____]

Wrongful Death (18-C M.R.S. § 2-807):
An action must be commenced within two (2) years after the decedent's death. If the death was caused by homicide, the action may be commenced within six (6) years of discovery.

Medical Malpractice (24 M.R.S. § 2902):
Three (3) years from the date of the act or omission, or date of discovery with reasonable diligence.

While the 6-year SOL provides ample time, delay in resolution is detrimental to both parties. We urge prompt attention to this demand.

XI. RESERVATION OF RIGHTS

Claimant expressly reserves the right to:

1. File suit in the appropriate Maine court (Superior Court or District Court)
2. Seek all damages available under Maine law, including economic and noneconomic damages, prejudgment interest (14 M.R.S. § 1602-B), costs, and attorney's fees where applicable
3. Invoke joint and several liability — Maine retains joint and several liability, meaning your insured may be responsible for the full judgment amount
4. Seek punitive damages up to $500,000 under 14 M.R.S. § 8105 where malice is demonstrated
5. Pursue additional parties whose negligence contributed to the incident
6. Pursue UM/UIM benefits if the tortfeasor's coverage is insufficient
7. Claim additional damages discovered after this letter

This demand is a settlement communication and not a complete statement of all facts, injuries, or damages. Investigation is ongoing.

XII. MEDICAL RECORDS AND EXHIBITS INDEX

Medical Records and Bills

☐ Emergency room records and bills — [________________________________]
☐ Hospital records and bills — [________________________________]
☐ Primary care physician records — [________________________________]
☐ Specialist records and bills — [________________________________]
☐ Physical therapy records and bills — [________________________________]
☐ Chiropractic records and bills — [________________________________]
☐ Pain management records and bills — [________________________________]
☐ Surgical records — [________________________________]
☐ Diagnostic imaging reports — [________________________________]
☐ Pharmacy records — [________________________________]
☐ Mental health treatment records — [________________________________]
☐ Medical narrative / causation letter — [________________________________]
☐ Life care plan — [________________________________]

Employment and Income Documentation

☐ Employer verification letter
☐ Pay stubs / earnings statements
☐ Tax returns (prior 3 years)
☐ Vocational expert report
☐ Economist report

Incident Documentation

☐ Police report / crash report
☐ Photographs
☐ Witness statements
☐ Expert reports (accident reconstruction, etc.)

Insurance Documentation

☐ Defendant's declarations page
☐ Claimant's declarations page
☐ MedPay payment records
☐ UM/UIM information
☐ Health insurance lien documentation

Other

☐ Prior correspondence
☐ Notice of claim (14 M.R.S. § 1602-B)
☐ [________________________________]

XIII. SIGNATURE BLOCK

Respectfully submitted,

[________________________________]
Attorney for Claimant
Maine Bar No.: [________________________________]

[________________________________]
[Law Firm Name]
[Address]
[City], Maine [ZIP]
Tel: [________________________________]
Fax: [________________________________]
Email: [________________________________]

Date: [__/__/____]

XIV. SOURCES AND REFERENCES

Maine Revised Statutes

• 14 M.R.S. § 156 — Modified Comparative Fault (50% Bar; Informed Judgment Approach)
• 14 M.R.S. § 752 — Statute of Limitations (Civil Actions — 6 Years)
• 14 M.R.S. § 1602-B — Prejudgment Interest (T-Bill Rate + 1% or 3%)
• 14 M.R.S. § 8105 — Punitive Damages Cap ($500,000)
• 18-C M.R.S. § 2-807 — Wrongful Death (2 Years from Death)
• 29-A M.R.S. § 1605 — Mandatory Auto Insurance (50/100/25)
• 24-A M.R.S. § 2902 — UM/UIM Coverage Requirements
• 24-A M.R.S. § 2903 — MedPay (Minimum $2,000)
• 7 M.R.S. § 3961 — Dog Owner Strict Liability

Key Maine Cases

• Bonin v. Crepeau, 2005 ME 59 (2005) — Elements of negligence
• Wing v. Morse, 300 A.2d 491 (Me. 1973) — Comparative fault analysis

Official Resources

• Maine Legislature: https://legislature.maine.gov
• Maine Bureau of Insurance: https://www.maine.gov/pfr/insurance
• Maine Courts: https://www.courts.maine.gov

This template is designed for use by licensed Maine attorneys. It must be customized to the specific facts and circumstances of each case. All statutory citations should be verified as current before use. Maine's "informed judgment" approach to comparative fault is unique and requires careful jury instruction drafting. This document does not constitute legal advice.