Personal Injury Law in Portland, ME

Were you hurt due to another’s negligence in Portland? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Portland, ME can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in Portland relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims in Portland, ME

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

• Car Accidents
• Slip and Fall
• Dog Bites
• Medical Malpractice
• Workplace Accidents
• Burn Injuries

Most Common Injuries in Portland 

According to the Maine Injury Prevention Program falls and motor vehicle accidents are two of the most common causes of injury in Maine. Also notably, many injuries leading to hospitalization in Portland are due to unintentional poisonings. Extreme winter weather often plays a large role in the frequency of accidents and injuries.

Steps in a Personal Injury Lawsuit in Portland, ME

Once you determine that you wish to proceed forward with a personal injury action in Maine

A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations, and document production. This discovery process is lengthy and ends in either a settlement or a court appearance.

After consulting with your attorney in  Portland, Maine you then make a demand of the party at fault and engage in negotiations. A lawsuit is filed if no resolution can be reached. This begins the formal discovery process leading to the negotiation period. After that, you can take your case to trial if a fair settlement can’t be reached.

Maine Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and the factors that impact the final amount.

Much of a Portland personal injury claim settlement depends on who injured you, how serious your injury is, and the total of the costs that you endure. The Maine Department of Labor lists Maine’s most costly personal injury settlements surrounding workers’ compensation and found the average lump sum settlement was $194,497. Keep in mind that the average personal injury settlement is between $3,000-$75,000. Medical bills and work loss compensation are two of the factors that can most influence the value of your personal injury claim.

If the other party has insurance, the insurance company likely wants to settle out of court. To avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in ME, that means you risk not receiving any compensation at all.

Damage Awards in Maine

If your Maine personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage he or she inflicted.

Special compensatory damages reimburse you for things such as lost income, medical bills, and insurance deductibles. You submit receipts proving these losses.

General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant to compensate you for the pain and anguish.

Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. 

Currently, Maine has not placed any damage caps on personal injury cases. However, Maine has contributory negligence and if you are found to be more than 50% responsible for your injury or its cause, you cannot collect any settlement.

Statute of Limitations in Portland, ME Personal Injury Law?

In personal injury cases, the injured party has a limited time to file a lawsuit. State law dictates the statute of limitations, which typically begins when the plaintiff either suffers the injury or discovers it. The discovery aspect can be complex, as the plaintiff must prove when they first became aware of the injury.

In Maine, the statute of limitations for personal injury claims is six years. In Portland, this period typically starts from the date of the accident.

It’s crucial to consult with a personal injury lawyer as soon as possible. Delaying the process could result in missing the opportunity to claim the compensation you are entitled to for your injuries.

Work With an Experienced Portland, ME Lawyer

Pursue a personal injury claim in Portland against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across Maine state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.