Maine Personal Injury Attorney

Benefits of Hiring a Personal Injury Lawyer in Maine

Experiencing a personal injury due to someone else's negligence can be a life-altering event. Whether it's a car accident in Bangor, a slip and fall in Portland, or a medical malpractice incident in Augusta, the aftermath can leave you with serious injuries, emotional trauma, and financial burdens. Navigating the complex legal landscape of personal injury law in Maine can be overwhelming, but you don't have to face it alone.

Expertise in Maine Personal Injury Law

Maine personal injury lawyers have a deep understanding of the state's specific laws and regulations regarding personal injury cases. They know the intricacies of personal injury claims, the statute of limitations for filing lawsuits, and the types of damages you may be entitled to recover. This expertise is invaluable in building a strong case and ensuring that your rights are protected throughout the legal process.

Thorough Investigation and Evidence Gathering

Personal injury attorneys have the resources and experience to conduct a thorough investigation of your case. They will gather evidence, such as police reports, medical records, witness statements, and expert opinions, to establish liability and the extent of your injuries. This comprehensive approach ensures that your case is built on a solid foundation, increasing your chances of a favorable outcome.

Skillful Negotiation with Insurance Companies

Insurance companies are notorious for trying to minimize payouts or deny claims altogether. A Maine personal injury lawyer knows how to deal with insurance adjusters and negotiate effectively on your behalf. They will advocate for your best interests, ensuring that you receive fair compensation for your medical expenses, lost wages, pain and suffering, and other damages.

Representation in Court

While many personal injury cases are settled out of court, some may require litigation. If your case goes to trial, a Maine personal injury attorney will represent you in court, presenting your case persuasively to the judge and jury. They will use their legal expertise and courtroom skills to fight for a just outcome, maximizing your chances of receiving the compensation you deserve.

Peace of Mind and Focus on Recovery

Recovering from a personal injury takes time and energy. By hiring a personal injury lawyer, you can focus on your physical and emotional healing while they handle the legal aspects of your case. This peace of mind can be invaluable during a difficult time, allowing you to prioritize your well-being and recovery.

When Should You Contact a Personal Injury Lawyer?

In Maine, it's crucial to contact a personal injury lawyer as soon as possible after an accident or incident that has caused you injury due to someone else's negligence or wrongful conduct. Here are some situations where seeking legal assistance from a Maine personal injury lawyer is highly recommended:

Serious Injuries or Debilitating Injuries

If you or a loved one has suffered from severe injuries such as brain injuries, spinal cord injuries, or other debilitating injuries that require extensive medical treatment and rehabilitation, it's advisable to contact a personal injury lawyer immediately. These types of injuries can have long-lasting effects and result in significant financial burdens, making it essential to have legal representation to ensure you receive fair compensation.

Insurance Company Disputes

If an insurance company is denying or undervaluing your personal injury claim, it's advisable to seek legal representation from a personal injury lawyer. Insurance companies often try to minimize payouts, and a skilled lawyer can negotiate on your behalf and protect your rights.

Complexity of the Case

Some personal injury cases can be complex, involving multiple parties, disputes over liability, or intricate legal issues. In such situations, having an experienced personal injury lawyer on your side can significantly increase your chances of obtaining a favorable outcome and fair compensation.

Uncertain About Your Rights

If you're unsure whether you have a valid personal injury case or are uncertain about your legal rights and options, consulting with a personal injury lawyer can provide valuable insight and guidance. They can evaluate your case and advise you on the best course of action.

It's important to note that personal injury cases in Maine often have strict time limits, known as statutes of limitations, within which a claim must be filed. Contacting a personal injury lawyer promptly can ensure that your case is handled within the prescribed time frame and that your legal rights are protected.

Types of Personal Injury Cases in Maine

Maine personal injury lawyers at McCue Law Office handle a wide range of personal injury cases, including but not limited to:

Car Accidents

Maine's scenic roads, unfortunately, can be the site of devastating car accidents. Whether it's a distracted driver in Portland, a drunk driver in Bangor, or a reckless driver in Augusta, car accidents can result in severe injuries such as whiplash, broken bones, brain injuries, and even death. Our Maine personal injury lawyers have extensive experience handling car accident cases and will fight to secure the compensation you deserve for medical expenses, lost wages, and pain and suffering.

Truck Accidents

Maine's highways see a significant amount of truck traffic, and accidents involving large commercial trucks can be particularly catastrophic. Due to the size and weight of these vehicles, truck accidents often result in life-altering injuries or wrongful death. If you've been injured in a trucking accident in Maine, our Maine personal injury attorneys will investigate the accident, determine liability, and pursue compensation from the responsible parties.

Motorcycle Accidents

Motorcyclists are especially vulnerable on Maine roads. Even a minor accident can result in serious injuries for a motorcyclist due to the lack of protection. McCue Law Office understands the unique challenges faced by motorcycle accident victims and will advocate for your rights, ensuring you receive the compensation needed for medical treatment, rehabilitation, and other damages.

Pedestrian Accidents

Pedestrian accidents in Maine often occur due to distracted or reckless drivers. These accidents can lead to severe injuries such as traumatic brain injuries, spinal cord injuries, and fractures. Our Maine personal injury lawyers have a deep understanding of pedestrian laws and will hold negligent drivers accountable for their actions.

Aviation Accidents

Aviation accidents, though rare, can be catastrophic. Whether it's a small plane crash or an incident involving a commercial airliner, victims may suffer from burns, broken bones, traumatic brain injuries, or even wrongful death.Investigating aviation accidents often requires specialized expertise due to the complex nature of aviation law and regulations. McCue Law Office's experienced attorneys have the resources and knowledge to handle these intricate cases.

Bicycle Accidents

Maine's scenic roads and trails attract many cyclists, but sharing the road with motor vehicles can be dangerous. Bicycle accidents often result in serious injuries due to the vulnerability of cyclists. These injuries may include road rash,fractures, head injuries, and spinal cord damage. Determining liability in bicycle accidents can be complex, as it often involves assessing the negligence of both cyclists and motorists. McCue Law Office's personal injury lawyers have a deep understanding of Maine's traffic laws and can advocate for the rights of injured cyclists.

Train Accidents

Train accidents can occur due to various factors, such as derailments, collisions with vehicles or pedestrians, and mechanical failures. Passengers and bystanders alike can be affected by these accidents, suffering from injuries like whiplash, broken bones, internal organ damage, and psychological trauma. McCue Law Office's attorneys can help victims navigate the complexities of pursuing compensation from railway companies, often large corporations with vast legal resources.

Bus Accidents

Bus accidents can involve school buses, public transportation buses, or private tour buses. Passengers in bus accidents may experience injuries similar to those in car accidents, including whiplash, head trauma, and spinal cord injuries. Determining liability in bus accidents can be challenging, as it may involve multiple parties, such as the bus driver, the bus company, or even the manufacturer of the bus. Our legal team can thoroughly investigate the accident,identify all responsible parties, and fight for the compensation you deserve.

Slip and Fall Accidents

Slip and fall accidents can happen anywhere in Maine, from grocery stores in Lewiston to restaurants in Auburn. These accidents may seem minor, but they can cause serious injuries like broken hips, head injuries, and back problems. McCue Law Office's Maine personal injury attorneys will investigate the circumstances of your slip and fall accident, identify the responsible party, and seek compensation for your injuries and losses.

Medical Malpractice

Medical malpractice can occur in hospitals, clinics, or doctors' offices throughout Maine. When healthcare professionals fail to provide the appropriate standard of care, patients can suffer serious harm. If you or a loved one has been a victim of medical malpractice, our Maine personal injury attorneys will help you navigate the complexities of medical malpractice law and pursue justice.

Product Liability

Defective products can cause serious injuries to consumers in Maine. Whether it's a faulty car part, a dangerous toy, or a contaminated food product, manufacturers have a responsibility to ensure their products are safe. McCue Law Office's Maine personal injury lawyers have experience handling product liability cases and will fight to hold manufacturers accountable for the harm caused by their defective products.

Wrongful Death

Losing a loved one due to someone else's negligence is a devastating experience. In Maine, surviving family members may be entitled to compensation through a wrongful death claim. Our compassionate Maine personal injury attorneys will guide you through this difficult process and help you seek justice for your loved one.

Damages in Maine Personal Injury Cases

In personal injury cases, the goal is to obtain compensation for the damages suffered by the injured party. Damages can be broadly categorized into three types: economic damages, non-economic damages, and, in rare cases, punitive damages.

Economic Damages

Economic damages are the quantifiable financial losses incurred by the injured person as a result of their injury. These damages may include:

• Medical expenses: This covers the cost of hospitalization, surgeries, doctor's visits, medications, physical therapy, and any other medical treatment necessary for the injury.
• Lost wages: If the injury prevents the person from working, they may be entitled to compensation for lost wages, both past and future.
• Loss of future earning capacity: In cases of severe injuries that prevent the person from returning to their previous occupation or earning the same income, compensation for loss of future earning capacity may be awarded.
• Property damage: If personal property, such as a vehicle, was damaged in the accident, the cost of repair or replacement may be recovered.

Economic damages are typically easier to calculate as they are based on tangible expenses and documented financial losses.

Non-Economic Damages

Non-economic damages are more subjective and aim to compensate the injured person for the non-financial impacts of their injury. These may include:

• Pain and suffering: This covers the physical pain and discomfort caused by the injury, as well as the emotional anguish and mental suffering experienced by the injured person.
• Emotional distress: Injuries can cause significant emotional trauma, such as anxiety, depression, or post-traumatic stress disorder (PTSD), which may be compensated through non-economic damages.
• Loss of enjoyment of life: If the injury has significantly impacted the person's ability to participate in activities they once enjoyed or has diminished their overall quality of life, compensation may be awarded.
• Loss of consortium: In cases where the injury has affected the relationship between spouses, compensation for loss of consortium may be available.

Determining the appropriate amount for non-economic damages can be challenging, as they are not easily quantifiable. Experienced Maine personal injury lawyers often rely on expert testimony and evidence to establish the extent of pain, suffering, and emotional distress.

Punitive Damages

Punitive damages are awarded in rare cases where the defendant's conduct is deemed particularly egregious or malicious. The purpose of punitive damages is to punish the wrongdoer and deter similar behavior in the future. These damages are typically only awarded in cases involving intentional misconduct, gross negligence, or reckless disregard for the safety of others.

It's important to note that the laws governing damages in Maine personal injury cases can be complex, and the specific circumstances of each case will determine the types and amounts of damages that may be recoverable. An experienced Maine personal injury lawyer from McCue Law Office can evaluate the details of your case and fight for the maximum compensation you are entitled to.

Maine Personal Injury Laws and Regulations

Personal injury cases in Maine are governed by a set of laws and regulations that are important to understand. These laws can have a significant impact on the outcome of a personal injury claim, and it's crucial to work with an experienced Maine personal injury lawyer who can navigate the legal landscape effectively.

Statute of Limitations for Filing a Personal Injury Claim

In Maine, there is a time limit, known as the statute of limitations, for filing a personal injury claim. This time limit varies depending on the type of case. For most personal injury cases, including car accidents, slip and fall accidents, and medical malpractice claims, the statute of limitations is six years from the date of the injury or incident.

However, there are exceptions to this general rule. For example, in wrongful death cases, the statute of limitations is two years from the date of the deceased person's death. It's important to note that if you fail to file your claim within the applicable statute of limitations, you may be barred from pursuing compensation, even if you have a valid case.

Maine's Comparative Negligence Law

Maine follows a modified comparative negligence rule, which can impact the amount of compensation an injured person may receive. Under this rule, if the injured person is found to be partially at fault for the accident or incident, their compensation will be reduced in proportion to their percentage of fault.

However, if the injured person is found to be more than 50% at fault, they are barred from recovering any compensation. This means that if you are deemed 51% or more responsible for the incident, you will not be able to receive any damages, even if the other party was also negligent.

Maine's Cap on Non-Economic Damages

Maine does have a cap on non-economic damages in wrongful death cases, set at $750,000. Punitive damages in these cases are also capped at $500,000 from its initial $250,000. However, there are no caps on non-economic damages for other personal injury claims in Maine.

Common Defenses Used by Defendants in Personal Injury Claims in Maine

If you're pursuing a personal injury claim in Maine, it's important to understand that the party at fault (the defendant) and their insurance company may employ various defense strategies. These tactics aim to minimize their financial liability and can significantly impact your claim's outcome. Recognizing these common defenses can help you prepare a stronger case with your Maine personal injury attorney.

Comparative Fault

One of the most frequent defenses in Maine personal injury cases is comparative fault. Under Maine law, if you are found partially responsible for the accident that caused your injuries, your compensation may be reduced proportionally to your degree of fault. For instance, if a jury determines you were 20% at fault for a car accident in Bangor, your compensation could be reduced by that percentage.

Assumption of Risk

This defense argues that you were aware of the potential risks involved in a particular activity and voluntarily chose to participate, thus assuming responsibility for any resulting injuries. For example, if you were injured while skiing at Sugarloaf Mountain, the defendant might claim you assumed the risk of inherent skiing hazards.

Pre-existing Conditions

Insurance companies often try to attribute your injuries to pre-existing medical conditions rather than the accident in question. They might argue that a prior back injury, for instance, is responsible for your current pain, not the recent car accident on I-95. This tactic aims to reduce the amount of compensation they owe.

Statute of Limitations

Maine law sets a strict time frame, known as the statute of limitations, within which you must file a personal injury lawsuit. For most personal injury cases in Maine, this deadline is six years from the date of the injury. Failing to file within this timeframe could bar your claim altogether.

Lack of Evidence

Defendants may challenge the validity of your claim by arguing that there's insufficient evidence to prove their negligence or the extent of your injuries. This could involve disputing medical records, questioning witness testimonies, or casting doubt on the cause-and-effect relationship between the accident and your injuries.

The Personal Injury Claim Process in Maine

If you've been injured in an accident in Maine due to someone else's negligence, understanding the personal injury claim process is crucial to protect your rights and seek the compensation you deserve. Here's what you need to know:

Initial Consultation with an Attorney

The first step is to consult with a Maine personal injury attorney. During this initial consultation, you'll discuss the details of your case, including how the accident happened, the extent of your injuries, and any financial losses you've incurred.The attorney will assess the merits of your case and advise you on your legal options. Many Maine personal injury lawyers, like McCue Law Office, offer free consultations.

Investigation and Gathering Evidence

Once you've hired an attorney, they will begin investigating your case. This involves gathering evidence, such as police reports, medical records, witness statements, and photos or videos of the accident scene. This evidence will be crucial in establishing liability and proving the extent of your damages.

Filing a Claim with the Insurance Company

In most personal injury cases, the next step is to file a claim with the at-fault party's insurance company. Your attorney will handle this process, negotiating with the insurance adjusters on your behalf to seek a fair settlement.

Negotiation and Settlement

Negotiation is a key part of the personal injury claim process. Your attorney will work tirelessly to negotiate a settlement that covers your medical expenses, lost wages, pain and suffering, and other damages. Most personal injury cases in Maine are settled out of court through negotiation.

Filing a Lawsuit (If Necessary)

If a fair settlement cannot be reached through negotiation, your attorney may file a personal injury lawsuit on your behalf. This involves filing a complaint with the Maine courts and initiating legal proceedings. While most cases are resolved before trial, it's important to have an experienced litigator on your side who is prepared to take your case to court if necessary.

Trial and Verdict

If your case goes to trial, your attorney will present your case to a judge or jury, who will then decide whether the defendant is liable for your injuries and, if so, how much compensation you are entitled to receive.

Remember, navigating the personal injury claim process in Maine can be complex and overwhelming, especially when you're dealing with the aftermath of a serious accident. Having an experienced Maine personal injury lawyer by your side can make all the difference in protecting your legal rights and securing the compensation you deserve.

How to Choose the Right Maine Personal Injury Attorney

​​Selecting the right Maine personal injury attorney is crucial for ensuring that your case is handled effectively and that you receive the compensation you deserve. Here are some important factors to consider and questions to ask when choosing a personal injury lawyer in Maine.

Factors to Consider

• Experience: Look for a law firm with a proven track record in handling personal injury cases in Maine courts. A firm like McCue Law Office, with extensive experience in Maine personal injury law, can provide valuable insight and guidance throughout the legal process.
• Specialization: Personal injury law is complex, with nuances depending on the type of accident. Choose a lawyer who specializes in your specific type of case, whether it's a car accident, medical malpractice, or a wrongful death claim.
• Track Record: Research the attorney's past successes in similar cases. Have they achieved favorable settlements or verdicts for their clients in the past? This can be a good indicator of their ability to effectively represent you.
• Client Satisfaction: Read online reviews and testimonials from previous clients. What do they have to say about their experience with the attorney? This can give you an idea of their communication style, professionalism, and overall effectiveness.
• Resources: Does the law firm have the resources to handle your case effectively? This includes having a team of investigators, experts, and support staff who can assist with your case.

Questions to Ask Potential Attorneys

During your initial consultation, ask potential attorneys the following questions:

• What is your experience in handling cases similar to mine?
• How long have you been practicing personal injury law in Maine?
• What is your approach to handling personal injury cases?
• What are your fees and how do you charge? (Most personal injury attorneys in Maine work on a contingency fee basis.)
• What is your estimated timeline for my case?
• How will you communicate with me throughout the process?

By carefully considering these factors and asking the right questions, you can choose a Maine personal injury attorney who is best suited to represent you and help you recover the compensation you deserve.

Remember, choosing the right attorney can make all the difference in the outcome of your personal injury claim. Do your research, ask the right questions, and make an informed decision.

FAQs on Personal Injury Cases in Maine

How is comparative negligence applied in Maine personal injury cases?

Maine follows a modified comparative negligence rule, which means that an injured person's compensation can be reduced in proportion to their degree of fault in the incident. However, if the injured person is found to be more than 50% at fault, they are barred from recovering any compensation, regardless of the other party's negligence.

What qualifies as a "serious injury" in Maine's personal injury law?

Maine's personal injury law defines a serious injury as one that results in death, significant disfigurement, a fracture, loss of a bodily organ or function, or significant limitation of a bodily function. Determining whether your injury meets this threshold can be complex and often requires legal expertise. An experienced Maine personal injury lawyer can assess your case and advise you on whether your injuries meet the legal definition.

What is the statute of limitations for filing a personal injury claim in Maine?

In Maine, the general statute of limitations for filing a personal injury lawsuit is six years from the date of the accident. However, there are exceptions to this rule, such as cases involving medical malpractice or injuries to minors. It's crucial to consult with a Maine personal injury attorney as soon as possible to ensure that you file your claim within the appropriate time frame.

What types of damages can I recover in a Maine personal injury lawsuit?

In Maine, you may be able to recover both economic and non-economic damages. Economic damages include medical expenses, lost wages, and property damage. Non-economic damages compensate for pain and suffering, emotional distress, and loss of enjoyment of life. A skilled Maine personal injury attorney can help you calculate the full extent of your damages and fight for maximum compensation.

What is the statute of limitations for filing a personal injury claim in Maine?

In Maine, the statute of limitations for most personal injury cases, including car accidents, slip and fall accidents, and medical malpractice claims, is six years from the date of the injury or incident. However, for wrongful death cases, the statute of limitations is two years from the date of the deceased person's death.

How are contingency fees structured in Maine personal injury cases?

Many Maine personal injury attorneys work on a contingency fee basis, which means they only get paid if they successfully recover compensation for their client. The contingency fee is typically a percentage of the total settlement or award, often ranging from 25% to 40%, depending on the complexity of the case and the stage at which it is resolved.

What is the role of expert witnesses in personal injury cases?

Expert witnesses play a crucial role in personal injury cases, especially those involving complex medical or technical issues. These experts can provide testimony and analysis to establish causation, the extent of injuries, future medical needs, and other key factors that can impact the value of a personal injury claim.

How is the value of a personal injury claim determined?

The value of a personal injury claim is determined by various factors, including the severity of the injuries, the extent of medical expenses, lost wages, future earning capacity, and non-economic damages such as pain and suffering. An experienced Maine personal injury attorney will carefully evaluate all aspects of the case to determine the appropriate amount of compensation to seek.

Contact a Maine Personal Injury Attorney Today

If you or someone you love has been injured in an accident in Maine, McCue Law Office can help. Our experienced Maine personal injury attorneys have helped countless injured Mainers get the compensation they deserve after car accidents, truck accidents, motorcycle accidents, medical malpractice, and other incidents caused by someone else's negligence.

We understand the devastating impact a personal injury can have on your life. From medical bills and lost wages to pain and suffering, the consequences can be overwhelming. Our dedicated legal team is here to guide you through the complex legal process, fight for your rights, and ensure you receive the maximum compensation possible.

At McCue Law Office, we pride ourselves on our personalized approach to every case. We take the time to listen to your story, understand your unique circumstances, and develop a tailored legal strategy to achieve the best possible outcome.

Don't face the aftermath of a personal injury alone. Contact McCue Law Office by calling (207) 421-9406 today for a free consultation. Our compassionate Maine personal injury lawyers are ready to fight for you.