Have you been unexpectedly sidelined by an accident in Portland, Maine? Whether you have been hurt in a car crash, a slip and fall, or by a medical professional’s mistake, unexpected medical bills and lost wages can add significant stress to a difficult situation. At Berman & Simmons, our Portland personal injury lawyers understand the physical, emotional, and financial challenges you face after an injury.
We are committed to protecting your rights and helping you recover the maximum compensation you deserve. If someone else’s negligence has caused you injuries, do not hesitate to contact our Maine personal injury lawyers for a free consultation. We are here to answer your questions and help you get back on your feet.
Why Choose Berman & Simmons to Represent You in a Portland Personal Injury Case
At Berman & Simmons, we understand that suffering an injury can be life-altering. Our team of skilled attorneys is here to guide you through the complexities of personal injury law and to ensure that your rights are protected every step of the way. Our firm prides itself on delivering personalized attention and tailored legal strategies to meet each client’s unique needs.
Our team has been helping victims in Maine for over 100 years. We have repeatedly been recognized as the best law firm in Maine for representing injured plaintiffs. We have recovered millions in compensation for our clients and will work tirelessly to achieve a satisfactory result for you as well.
What is Personal Injury Law?
Personal injury law is a legal area that focuses on injuries caused by the negligence or recklessness of another person, company, or government entity. If you are injured due to someone else’s failure to act with reasonable care, you may have a personal injury claim.
Elements of a Personal Injury Claim in Maine
To establish a successful personal injury claim in Maine, you must prove the following four elements:
- Duty: The defendant owed you a legal duty to act reasonably under the circumstances.
- Breach of duty: The defendant breached their duty of care by acting negligently or recklessly.
- Causation: The defendant’s breach of duty caused your injury.
- Damages: You suffered quantifiable damages, such as medical bills, lost wages, and pain and suffering, as a result of your injury.
Types of Personal Injury Cases We Handle
Personal injury law encompasses a wide variety of cases, and our firm is equipped to handle them all. Some of the most common types of personal injury cases our Portland injury attorneys handle include:
Car Accidents
Car accidents are a leading cause of injuries in Maine, causing 182 fatalities in 2022. If someone else’s negligence caused you to be injured in a car accident, we can help you seek compensation for your medical expenses, lost wages, and pain and suffering.
Truck Accidents
Due to the size and weight of commercial vehicles, truck accidents often result in severe injuries. Our injury attorneys have the expertise to navigate the complex regulations governing the trucking industry and hold responsible parties accountable.
Motorcycle Accidents
Motorcyclists are particularly vulnerable on the road because they lack external protection. We can help you recover damages for your injuries and any property damage if you were injured in a motorcycle accident.
Pedestrian Accidents
In 2022, there were 75 pedestrian crashes in Cumberland County, more than any other county in Maine. If a negligent driver fails to yield the right-of-way and injures you, we can help you obtain monetary compensation.
Slip and Fall Accidents
Property owners must maintain safe premises. If you were injured in a slip and fall accident due to hazardous conditions, we can help you pursue a premises liability claim.
Product Liability
If a defective product causes you injury, you may be entitled to compensation from the manufacturer, distributor, or retailer. Our injury law firm has successfully handled numerous product liability cases.
Medical Malpractice
When healthcare providers fail to meet their required standard of care, patients can suffer serious injuries or even death. Our attorneys have the experience to handle complex medical malpractice cases and hold negligent medical professionals accountable.
Wrongful Death
Losing a loved one due to someone else’s negligence is devastating. We provide compassionate legal representation to families seeking justice and compensation for their loss.
Other personal injury cases that our Portland personal injury law firm handles include:
- Distracted driving accidents
- Drunk driving accidents
- Rideshare accidents
- Bicycle accidents
- Recreational vehicle accidents
- Rear-end accidents
- Intersection accidents
- Brain injuries
- Spinal cord injuries
- Pharmacy errors
- Defective medical devices
- Dangerous drugs
- Sexual abuse
If another party’s carelessness led to an accident that has caused you injuries, contact us today. We may be able to help you seek compensation from the person responsible for your losses.
The Personal Injury Claim Process in Maine
Filing a personal injury claim can be a complex and overwhelming process. Our Portland personal injury attorneys are here to guide you through every step, from the initial consultation to the final resolution of your case. Here is an overview of what you can expect:
- Initial consultation: During your free initial consultation, we will discuss the details of your case, answer your questions, and provide an honest assessment of your legal options.
- Investigation: Our personal injury lawyers will conduct a thorough investigation to gather evidence, interview witnesses, and consult with experts if necessary. This information is crucial to building a strong case on your behalf.
- Filing the claim: We will prepare and file all necessary paperwork with the appropriate court or insurance company. We aim to ensure your claim is filed accurately and within the required deadlines.
- Negotiation: Many personal injury cases are resolved through negotiation. We will aggressively negotiate with the insurance company or other parties to secure a fair settlement covering your damages.
- Litigation: We will take your case to court if we cannot reach a fair settlement. Our personal injury attorneys are experienced litigators who will advocate for your rights and interests in the courtroom.
- Resolution: Whether through settlement or trial, our goal is to achieve the best possible outcome for your case. We will keep you informed throughout the process and ensure you understand your rights and options.
Compensation in Portland Personal Injury Cases
The compensation you may be entitled to in a personal injury case can vary widely depending on the specifics of your case. Generally, you may be able to recover damages for:
- Medical expenses: This includes both current and future medical costs related to your injury, such as hospital bills, surgeries, medications, rehabilitation, and ongoing care.
- Lost wages: If your injury prevents you from working, you may be entitled to compensation for lost wages, including past income and future earning potential.
- Pain and suffering: This compensation is for physical pain and emotional distress caused by your injury.
- Property damage: If your personal property was damaged in the incident, such as your vehicle in a car accident, you may be entitled to reimbursement for repair or replacement costs.
- Loss of consortium: In some cases, your spouse or family members may be entitled to compensation for the loss of companionship and support resulting from your injury.
- Punitive damages: In extremely rare cases where the defendant’s conduct was particularly egregious, punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future.
How Long You Have to File a Personal Injury Claim in Maine
In Maine, the statute of limitations for personal injury claims is generally six years from the date of the injury. However, certain exceptions may apply, so it is essential to consult with an experienced Portland injury lawyer as soon as possible to ensure your claim is filed within the required timeframe.
Exceptions to the Maine Personal Injury Statute of Limitations
While Maine’s general statute of limitations for personal injury claims is six years, there are important exceptions to be aware of. Missing these deadlines can significantly impact your ability to recover compensation. Notable exceptions include:
- Discovery rule: If your injury was not immediately discoverable, the statute of limitations may be extended. Under the discovery rule, the clock starts ticking when the injured party discovers or reasonably should have discovered, the injury. This exception is often applicable in cases of medical malpractice where the medical professional’s mistake is not immediately apparent or exposure to toxic substances.
- Minors: If you were a minor when your injury occurred, the statute of limitations is tolled until your 18th birthday.
- Mental incapacity: If you were mentally incapacitated at the time of the injury, the statute of limitations may be tolled. The clock may not start until you are considered mentally competent.
- Fraudulent concealment: If the defendant intentionally concealed the injury or their wrongful conduct, the statute of limitations may be tolled. The period does not begin until you discover or should have discovered the fraud or misrepresentation.
- Wrongful death: For wrongful death claims in Maine, the statute of limitations is two years from the date of death, not the date of the injury that caused the death.
- Government claims: There are specific procedures and shorter deadlines if you have a personal injury claim against a government entity. For example, you typically must file a notice of claim within 365 days of the accident. You must then file your actual lawsuit within two years of the date of the injury.
- Ski accidents: If your lawsuit arises from ski area injuries, including those involving snowboarding and hang gliding, you must file your claim within two years of the date the injury occurred.
- Medical malpractice: If your injury was caused by medical malpractice, you must file your lawsuit within three years of the date of your healthcare provider’s negligent act or omission. In these cases, the discovery rule only applies when a foreign object is left inside your body.
Understanding these exceptions to Maine’s statute of limitations and how they apply to your situation is critical to preserving your right to compensation. If you believe any of these exceptions might apply to your case, seeking counsel from an injury lawyer promptly to protect your rights and interests is critical.
What to Do After a Personal Injury Accident in Portland
In the aftermath of a Portland personal injury accident, the initial shock and confusion can be overwhelming. Knowing the steps to take immediately following the incident can help protect your health, rights, and potential compensation. Here are the steps you should take after your accident:
- Seek medical attention: Your well-being is the top priority, so call 911 immediately if you require emergency medical assistance. Even if your injuries seem minor, get a thorough evaluation from a doctor or urgent care center, as early medical attention helps establish a record of your injuries and ensures you receive proper treatment.
- Secure the accident scene: If it is safe, move your vehicle to the side of the road to avoid further accidents. Turn on your hazard lights and set up warning flares or triangles if available, as this minimizes additional hazards for yourself and others.
- Document the scene: If possible, take photos of the accident scene from multiple angles. Capture damage to vehicles, skid marks, debris, and road conditions, as this visual evidence can be crucial as your case progresses.
- Gather information: Exchange contact details with all involved parties, including drivers, passengers, and witnesses. Note down insurance information for all vehicles involved, and obtain badge numbers for any responding officers.
- Report the accident: If the accident resulted in injuries, a fatality, or at least $2,000 in property damage, you must report it to the Portland Police Department. A police report can be a valuable record of the accident details and contributing factors.
- Contact your insurance company: Inform your insurance company about the accident as soon as possible. Cooperate with them, but avoid admitting fault or discussing the details of the accident beyond the basic facts.
- Avoid discussing the accident on social media: You should not discuss the accident on social media platforms because insurance companies may use anything you post against you. Their main goal is to minimize the compensation they pay out.
- Avoid settling too quickly: Insurance companies may pressure you to settle for a low amount. Do not agree to anything until you understand the full extent of your injuries and potential compensation and consult with a Portland personal injury attorney.
- Consider legal options: It is highly recommended that you consult with a Portland injury law firm. We can advise you on your legal rights, potential compensation, and the best course of action based on the specifics of your case.
Following these steps and seeking professional legal guidance from our team at Berman & Simmons can increase your chances of a successful outcome and recovering the compensation you deserve after a personal injury accident in Maine.
Hiring a Portland Personal Injury Lawyer at Berman & Simmons is Affordable
At Berman & Simmons, we understand that the financial burden after a personal injury accident can be significant, and you might be worried about affording legal representation. However, we offer several advantages to make the legal representation you need affordable, regardless of your financial situation.
First, we offer a free initial consultation to discuss your case, get legal advice, and understand the potential costs and benefits of pursuing your personal injury claim. This free consultation allows you to explore your legal options without financial commitment.
We will also work on your personal injury case on a contingency fee basis. This means you only pay legal fees if you win your case and do not need to pay any money out of pocket to hire us, eliminating the risk of substantial legal costs if your case does not result in compensation. Our attorney fees are deducted from your settlement or court award.
The Importance of Legal Representation in Your Portland Personal Injury Case
The importance of legal representation in a Portland personal injury case cannot be overstated. Personal injury law can be complex, and navigating it without professional assistance may put you at a significant disadvantage. Here is why having a lawyer from personal injury law firm Berman & Simmons is essential:
- We understand complexities: Personal injury law involves specific statutes and procedures. Our lawyers are familiar with the ins and outs of Maine’s legal system, including comparative negligence laws.
- We will build a strong case: We will investigate the accident and gather evidence to establish liability and the extent of your damages.
- We will negotiate for fair compensation: Insurance companies are adept at minimizing payouts, and our experienced attorneys know how to negotiate on your behalf to get you the compensation you deserve for your injuries and losses.
- We level the playing field: Our personal injury lawyers go up against insurance companies and their adjusters daily. Having Berman & Simmons by your side ensures you have a team that understands the legal process and can advocate for your rights.
- We provide skilled courtroom representation: Our lawyers will represent you in court and present your case to a judge or jury if negotiations fail.
Legal representation is vital for maximizing your chances of a successful outcome in a Portland personal injury case. Our lawyers will handle the legal complexities, fight for fair compensation, and allow you to focus on your recovery.
Contact Our Experienced Personal Injury Law Firm Today
If someone else’s negligence has caused injuries to you or a loved one, do not wait to seek legal assistance. Contact Berman & Simmons in Portland, ME, today for a free consultation to discuss your potential claim. Let us help you get the justice and compensation you deserve.