Most critical injuries happen unexpectedly and can have a significant impact on your life. Injury victims often report extreme financial losses, injuries, and emotional distress that can be difficult to overcome. If you have suffered devastating injuries and are unsure of how you are going to get through these difficult times, you can breathe a little easier. Our Lewiston personal injury lawyers from Berman & Simmons are here to help you through one of the most challenging experiences of your life.
While you heal from your traumatic injuries, our team can begin investigating, gathering supporting evidence, and preparing to negotiate with the insurance company. Our reputable injury lawyers will do everything possible to maximize your compensation so you have the resources you need to get through this and escape financial ruin. Contact our law office to request a free consultation today. When you do, we can discuss your potential opportunities for justice, consider who might be liable for your damages, and figure out what your next steps should be in the personal injury claims process.
Choose a Lewiston Personal Injury Law Firm With Experience Handling Cases Like Yours
Choosing the right injury lawyer to take on your case will be one of the most important decisions you make. Berman & Simmons has 100+ years of experience handling the following types of accident and injury claims:
Car Accidents
Our injury attorneys regularly take on car accident claims. If the driver who hit you was drunk, under the influence of drugs, drowsy, distracted, or otherwise liable for the collision, we may be able to file a claim with the insurance company or pursue a personal injury lawsuit to recoup your damages. Other potentially liable parties could include government agencies and municipalities responsible for road integrity and maintenance, auto parts manufacturers, distributors, and other relevant parties.
Truck Accidents
Commercial truck accidents are some of the most common types of cases your injury attorney takes on, as there were over 1,900 total truck accidents across the state in 2022, according to the Maine Department of Transportation (MDOT). We often look to negligent truck drivers and trucking companies for violations of Federal Motor Carrier Safety Administration (FMCSA) rules and regulations.
Motorcycle Accidents
Motorcyclists are at a greater risk of injury than other motorists on the roadways. In fact, according to the MDOT data above, there were 638 motorcycle wrecks in Maine in 2022. Most injury law firms have experience handling some types of motor vehicle accident claims, but Berman & Simmons has considerable trial experience focusing on motorcycle wrecks.
Slips and Falls and Other Premises Liabilities
Our personal injury lawyers have a considerable number of premises liability clients. Some of the most common types of premises liability accidents our injury law firm sees include:
- Slips and falls
- Pool drownings
- Negligent security
- Dog bites and animal attacks
- Trampoline accidents
- Failure to make safety repairs
Catastrophic Injuries
Your personal injury lawyer with Berman & Simmons regularly advocates for victims of catastrophic injuries. Some of the most serious types of injuries our clients have reported include:
- Paralysis
- Amputation
- Traumatic brain injury
- Back injuries
- Disfigurement
- Third-degree burns
- Spinal cord injury
- Road rash
- Neck injuries
- Whiplash
Medical Malpractice and Nursing Home Abuse
If you believe you or someone you love has been victimized by medical malpractice or nursing home abuse, your personal injury attorney can help you demand justice. Our clients have successfully recovered compensation for many of the following types of medical malpractice:
- Failure to treat
- Birth injuries
- Surgical mistakes
- Failure to diagnose
- Missed diagnosis
- Prescription drug mistakes
- Medical device defects
- Failure to provide follow-up care
- Anesthesia mistakes
- Misdiagnosis
Defective Product Cases
Personal injury law firms handling defective product cases often join or start class-action lawsuits. You may have grounds for a defective product claim if:
- Manufacturers failed to warn consumers of the inherent risks of the product.
- The product had inherent design flaws.
- There was a malfunction or defect in the manufacturing process.
Work Injuries
Our personal injury law firm also helps individuals suffering from work-related injuries. You may have the right to workers’ compensation benefits in accordance with the Maine Workers’ Compensation Board. Depending on how the accident occurred, you may be able to file a personal injury claim with help from our knowledgeable Lewiston injury lawyers.
Personal Injury Victims Like You Deserve Maximum Compensation
Your Lewiston injury lawyer will have a better idea of how much compensation you should be awarded after we review your damages in great detail. We strongly encourage our clients to consider every opportunity for financial relief if they hope to get the most out of their claims.
Your Insurance Claim May Not Be as Comprehensive as You Expected
Many injury victims believe they can avoid a personal injury lawsuit by filing a claim with the liable party’s insurance company. If the at-fault party has extensive insurance coverage, this may be possible. However, a significant number of policyholders simply purchased the bare minimum amount of insurance coverage offered or required. This means your insurance settlement may not fully cover the value of your losses.
In fact, even if the liable party has enough insurance coverage, it is unlikely that this coverage will apply to your non-economic damages or a large amount of your economic damages. The type of insurance coverage and the amount of coverage purchased will limit how much compensation you can recover through an insurance settlement alone.
Types of Damages You Could Be Awarded if You File a Personal Injury Lawsuit
Filing a personal injury lawsuit is often the best way to ensure you are repaid in full for your damages. You will not have to deal with the same types of restrictions that you do with an insurance claim when you file a claim in civil court. You have the right to be made whole or repaid for the full value of economic and non-economic damages, some of which might include:
- Property damages
- Loss of income
- Medical expenses
- Loss of future potential earnings
- Mental anguish
- Disfigurement and skin scarring
- Reduced quality of life
- Pain and suffering
It is important to know that if you are filing a wrongful death lawsuit or a claim against the government, there may be a cap on the amount of compensation you can recover. Wrongful death cases, in particular, have a cap on the amount of compensation that can be awarded for punitive damages and non-economic damages at a rate of $250,000 and $750,000, respectively. The amount that can be awarded in pain and suffering damages in a wrongful death lawsuit is also capped at $500,000, according to Title 18-C, §2-807.
Lewiston Personal Injury FAQ
Getting started with your personal injury claim can be overwhelming. When you want to simply heal from your injuries and move forward with your life, excessive medical bills, chronic pain, and recurring emotional distress can make it difficult for you to put the accident and your injuries behind you. We want to empower you to take action against the defendant. For that reason, your Lewiston injury attorney from Berman & Simmons is here to help you prepare for what is to come.
To that end, we have answered some of the top questions regarding Maine personal injury laws and insurance claims below. You may have additional questions or concerns that we did not discuss on this page. If this is the case, do not hesitate to contact a highly skilled Lewiston personal injury attorney from our firm, who can get you the answers you need sooner during your free case evaluation.
How long is the statute of limitations for personal injury lawsuits in Maine?
Maine is one of the most victim-friendly states for personal injury cases. Under MRS Title 23, §3655, the statute of limitations will not expire until six years from the accident date. In some cases, the statute of limitations could be even longer. This may occur if you are facing a delayed diagnosis or if your minor child was injured in an accident caused by someone else’s negligence.
Failing to file your personal injury lawsuit before the statute of limitations runs out could have a significant impact on the outcome of your case. Even if you have the most compassionate judge handling your lawsuit, if the statute of limitations deadline passes and your claim is not filed, they will have no choice but to bar you from pursuing your case further unless extenuating circumstances apply.
That is why we strongly encourage injury victims to contact our office as soon as possible after the accident. In doing so, we have a better opportunity to recover evidence that may only be available for a short period of time. For instance, if your injuries were caused by a devastating car accident that occurred at the intersections of Sabattus Street, Horton Street, and College Street, video surveillance of the collision may have been caught by the intersection traffic cam. By collecting this time-sensitive evidence, not only can you avoid issues with the statute of limitations, but you also have a better chance of building the strongest case possible.
What are my options if the liable party blames me for the accident?
We will need to determine what percentage of the accident is your fault to figure out which legal options are available to you. Sharing liability in and of itself does not bar you from financial recovery since Maine is a modified comparative negligence state under Title 14, §156: Comparative negligence. This means that if you are partially at fault for the accident, unless your portion of fault exceeds the 50% threshold, you can still receive a payout. That does not mean you will not be held accountable for your own portion of liability, however. The Lewiston civil courts will ensure you answer for your own negligence by taking your percentage of liability out of your personal injury settlement.
For example, if you were looking down at your phone when you tripped and fell on some broken pavement outside of your local Hannaford, Walmart, or Shaws, the judge might agree that you are partially at fault, even if it was the grocery store’s responsibility to warn patrons of the hazards or make necessary safety repairs. If you were assigned, say, 15% of the liability, expect 15% to be taken out of your award. This means you would only be entitled to 85% of the compensation you won at trial or through an insurance claim.
Working with a highly experienced Lewiston personal injury lawyer from Berman & Simmons may be the best way to challenge these partial-fault accusations. If your portion of liability exceeds 50%, you lose the right to a settlement. However, even at a reduced rate of liability, your award could be dramatically affected. With a reputable legal advocate in your corner, you can rest easier knowing our team is prepared with the evidence we need to refute the defendant’s attempts to avoid financial culpability in your case.
Can I do anything if my loved one was killed by someone else’s negligence?
Lewiston personal injury law firms are also here to help the surviving family members of individuals who are killed due to the intentional, negligent, or reckless actions of another. A compassionate wrongful death attorney from Berman & Simmons may be able to help you hold the liable party to account and demand justice for your treasured family member.
Maine wrongful death laws can be extraordinarily complex, so do not hesitate to contact our legal team to find out whether you have grounds for a wrongful death action, if you have the authority to sue, and the various types of recoverable damages that may be available to you and your family.
What is the burden of proof in Lewiston personal injury claims?
The burden of proof refers to the elements that must be proven to obtain a guilty or liable verdict. In criminal court, the prosecutor must prove guilt beyond a reasonable doubt for the jury to convict. In civil court, the burden of proof is on our Lewiston injury attorneys to prove liability based on a preponderance of the evidence as described below.
Proving liability based on a preponderance of the evidence is actually a much less stringent burden than is seen in criminal court. As long as the evidence presented clearly suggests the defendant is more than likely responsible for causing your injuries, the jury can find them liable for your damages. That is why we must have powerful evidence to support your case before we go to trial. These types of evidence can vary widely based on the type of accident you were involved in. However, some examples of the most compelling types of evidence include:
- Photos of your injuries
- Video footage of the accident
- Witness statements
- Testimony from expert witnesses
- Accident reconstructionist reports
- Chemical blood alcohol test results
- Photos of the accident scene
- Police reports and testimony
- Forensic evidence
What is a contingency agreement? Do I qualify?
While you may be worried that you cannot afford the cost of hiring a lawyer, it is important to remember that most reputable Lewiston injury law firms will be willing to work with you on contingency. Contingency agreements do not require any upfront costs in the form of a retainer, nor do they require you to pay an hourly rate or flat fee before we can get started on your case. Instead, we can begin investigating and will take on every cost that comes up as we build your case against the liable party.
Then, if we are successful in recovering compensation for damages, attorney’s fees will be deducted from your personal injury settlement. Depending on the complexity of your case, attorney’s fees can range from 20% to 40%, in accordance with Title 24, §2961: Contingent fees. If we lose, not only are we out of the hours we spent building your case and the costs of hiring experts, analysts, and court filing fees, but we do not get paid for our services at all. You will never see a bill for our legal fees if we do not win your case. This way, we take on all the risks, so you do not have to. After everything you have been through, we believe that this is the least we can do for our community.
Get Help From Our High-Demand Lewiston Personal Injury Attorneys Today
Personal injury lawsuits can be emotionally taxing, especially after everything you have been through. However, taking legal action may be the best way to ensure the liable party compensates you for every loss and is held responsible for their negligent or wrongful actions. If you are interested in learning more about how you can make them pay, do not hesitate to contact our Lewiston personal injury lawyers from Berman & Simmons to discuss the specific details of your case.
Our Lewiston injury law firm is available 24 hours a day, so you can get the legal support you need when you need it most. With 100+ years of combined experience, you can feel confident in your opportunity to get the most out of your claim with Berman & Simmons advocating for your rights. Complete our secured contact form or call our office to schedule your free, no-obligation consultation as soon as today.