Maine Accident Lawyers
Accidents happen in Maine every single day, many of which are unpreventable and no one is to blame. Other accidents, however, happen as a result of negligent or reckless behavior. When someone has been hurt in an accident and another person or company is to blame, legal action may be necessary in the form of a personal injury claim. A Maine accident attorney can evaluate the circumstances surrounding the injury and determine if the victim and/or family members have a case.
There are many different kinds of accidents in Maine that can cause severe injuries and merit a personal injury claim, including:
- Car accidents
- Ski accidents
- Construction site accidents
- Work accidents
- Slip and fall accidents
What all of these accidents must have in common to result in legal action is the premise of negligence; at least one person or party must have acted in a negligent or reckless manner in order for any liability to exist. A Maine accident lawyer will evaluate any potential claim to determine whether negligence was involved. Maine law requires that the following facts exist in order to prove negligence:
- The person who caused the injury owed a duty to the injured party (such as the duty of a fellow driver to obey traffic laws or the duty of a construction company to obey safety regulations);
- The person failed to carry out that duty;
- The victim suffered injury as a direct result of that failure.
Once a Maine accident lawyer has established negligence in any potential case, the other important factor is the severity of injuries. Typically, lawsuits are only filed for accidents that cause serious physical and emotional injuries, including:
- Head and spinal injuries;
- Severe burns;
- Broken bones;
- Organ damage;
- Loss of limb;
- Severe illness;
- Post traumatic stress disorder;
- Loss of mobility/use of limbs or other impaired functions.
Accident victims who have been seriously injured and file a personal injury claim may be awarded damages, or compensation for their suffering. The extent and amount of damages varies by case, but in general the laws in Maine allow for the following types of compensation:
- Past, current, and future estimated medical expenses
- Time lost from work, including time spent going to medical appointments or therapy
- Any property that was damaged, such as a vehicle or house
- The cost of hiring someone to do household chores that the injury victim is no longer able to perform
- Any permanent disfigurement or disability
- Emotional distress, including anxiety, depression, and any interference with family relationships
- Changes to future earning ability due to the injury
- Any other costs that are a direct result of the injury
The total amount of damages will also be affected by the role of each person involved in the injury. Under Maine’s comparative negligence law, the victim can only claim damages if he or she was less than 50% to blame for the injury. If the victim bears 49% or less of the fault, damages may be awarded – but the judge or jury can adjust the amount of compensation based upon what the court deems fair. An experienced Maine accident lawyer is particularly important in cases where the victim is partially responsible, because the attorney must prepare a case that clearly outlines the client’s role in the accident in order to recover adequate compensation.
Severely injured accident victims should seek legal help immediately to file a claim for any damages. There are time limits during which a lawsuit can be brought against the responsible party. A Maine accident attorney can provide the legal advice and representation necessary to help clients and their families receive the financial compensation they deserve.
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