Portland Maine Personal Injury Attorney

Medical Malpractice

Medical professionals have a duty to provide a reasonable standard of care to their patients. When they fail to do so, and their negligence results in injury or harm, it constitutes medical malpractice. Our attorneys have extensive experience in handling complex medical malpractice cases, including misdiagnosis, surgical errors, birth injuries, and medication errors.

Slip and Fall Accidents

Property owners have a legal obligation to maintain safe premises for visitors. If you've been injured due to a slip and fall accident caused by a hazardous condition on someone else's property, our personal injury lawyers can help you hold the negligent party accountable and recover damages for your injuries.

Nursing Home Abuse and Neglect

Nursing home residents have the right to receive proper care and live in a safe environment. Unfortunately, cases of abuse and neglect in nursing homes are all too common. Our attorneys are dedicated to protecting the rights of vulnerable seniors and their families, ensuring they receive the justice and compensation they deserve.

Pedestrian Accidents

Pedestrians are vulnerable to severe injuries when struck by vehicles, often resulting in catastrophic injuries or fatalities. Our attorneys have experience in handling pedestrian accident cases, including those involving hit-and-run incidents, distracted drivers, and failure to yield the right-of-way.

Boating Accidents

Maine's coastal waters and inland lakes make boating a popular activity, but accidents can occur due to operator negligence, equipment failures, or other factors. Our firm represents clients who have been injured in boating accidents, including collisions, capsizing, and falls overboard.

Dog Bites

Dog owners have a responsibility to control their pets and prevent them from causing harm to others. If you or a loved one has been bitten or attacked by a dog, our Portland Maine personal injury attorneys can help you seek compensation for your injuries, including hospital expenses, pain and suffering, and any permanent scarring or disfigurement.

Bus Accidents

Accidents involving buses, whether school buses, public transportation, or tour buses, can result in multiple injuries due to the high number of passengers. Our attorneys have experience in handling bus accident cases, including those involving negligent bus drivers, poorly maintained vehicles, or inadequate safety measures.

Aviation Accidents

While relatively rare, aviation accidents can have catastrophic consequences due to the high speeds and altitudes involved. Our firm has the resources and experience to investigate and litigate complex aviation accident cases, including those involving private planes, commercial airlines, and helicopter crashes.

Toxic Exposure

Exposure to toxic substances, whether in the workplace, at home, or in the environment, can lead to severe health consequences, including respiratory illnesses, cancer, and other life-threatening conditions. Our personal injury lawyers can help you seek compensation from the responsible parties, including employers, manufacturers, or property owners.

Wrongful Death

The loss of a loved one due to someone else's negligence is a devastating experience. Our compassionate legal team understands the emotional and financial toll of wrongful death cases and will work tirelessly to seek justice and compensation for the surviving family members. We will handle your wrongful death claim while you focus on recovering from the emotional trauma of losing your loved one.

At the McCue Law Office, we understand the physical, emotional, and financial toll that personal injuries can take on individuals and their families. Our dedicated legal team is committed to providing compassionate and aggressive representation, ensuring that our clients receive the compensation and justice they deserve.

Unique Challenges in Portland Maine Personal Injury Claims

While personal injury cases share some common elements, each case presents its own unique set of challenges, particularly in the Portland, Maine area. At the McCue Law Office, our experienced personal injury attorneys are well-versed in navigating the intricacies of these cases and overcoming the obstacles that may arise. Here are some of the unique challenges we often encounter in Portland personal injury cases:

Weather Conditions

Maine's harsh winters and unpredictable weather can pose significant challenges in personal injury cases, especially those involving car accidents, slip and fall incidents, or other outdoor accidents. Documenting and preserving evidence can be difficult when dealing with snow, ice, or severe weather conditions. Our legal team is skilled in conducting thorough investigations and gathering crucial evidence, even in challenging weather scenarios.

Tourism and Seasonal Population Fluctuations

Portland is a popular tourist destination, attracting visitors from across the country and around the world, especially during the summer months. This influx of tourists can complicate personal injury cases, as it may involve out-of-state parties, insurance companies, and witnesses. Our attorneys are adept at navigating these complexities and ensuring that our clients' rights are protected, regardless of where the other parties are located.

Unique Local Laws and Regulations

Maine has its own set of laws and regulations that can impact personal injury cases. Our attorneys have an in-depth understanding of the local laws and regulations, ensuring that we build strong cases that comply with all applicable rules and guidelines. This knowledge is particularly important in cases involving premises liability, workplace accidents, or incidents involving state or local government entities.

Rural and Remote Areas

While Portland is a bustling city, much of Maine is rural and remote, with small towns and vast expanses of wilderness. Personal injury lawsuits in these areas can present unique challenges, such as limited access to medical care, difficulty in securing expert witnesses, and the need to navigate rugged terrain during investigations. Our legal team is well-equipped to handle these challenges, ensuring that our clients receive the same level of dedicated representation, regardless of where their case originates.

Complex Medical Issues

Many personal injury lawsuits involve complex medical issues, ranging from traumatic brain injuries and spinal cord injuries to chronic pain and psychological trauma. Our attorneys work closely with medical experts to fully understand the extent of our clients' injuries, their long-term prognosis, and the associated costs of ongoing medical treatment and care. This experience is crucial in ensuring that our clients receive the full compensation they deserve for their injuries and future medical needs.

At the McCue Law Office, we understand the unique challenges that Portland personal injury lawsuits can present. Our legal team is dedicated to staying up-to-date on the latest developments in personal injury law, local regulations, and legal strategies. With our extensive experience and deep understanding of the Portland community, we are well-equipped to navigate these complexities and provide our clients with the highest level of legal representation.

How to Prove Liability in Personal Injury Claims

To win a personal injury case, you must prove the other party's liability. This means demonstrating four key elements:

• Duty: The at-fault party owed you a legal duty to act with reasonable care.
• Breach: The at-fault party breached this duty by acting negligently or carelessly.
• Causation: The at-fault party's breach of duty directly caused your injury.
• Damages: You suffered damages, such as medical bills, lost wages, or pain and suffering.

McCue Law Office's experienced personal injury lawyers in Portland, Maine, are skilled at gathering evidence and building strong cases to prove liability. We'll work tirelessly to ensure you receive the compensation you deserve for your injuries.

Compensation Available to Personal Injury Victims in Portland

If you or a loved one has been injured due to someone else's negligence in Portland, Maine, you may be entitled to compensation for your losses and damages. At the McCue Law Office, our experienced personal injury attorneys understand the devastating impact that serious injuries can have on victims and their families, both physically and financially.

We strive to secure the maximum possible compensation to help our clients recover and move forward with their lives. Here are some of the types of compensation that may be available to personal injury victims in Portland:

Medical Expenses

One of the primary forms of compensation in personal injury lawsuits is the recovery of hospital expenses, including past and future costs. This can cover hospital bills, surgical procedures, medication, rehabilitation, and any other necessary medical treatment related to the injury. Our attorneys work closely with medical experts to accurately calculate the projected costs of ongoing care and future medical needs.

Lost Wages and Earning Capacity

Serious injuries often result in time away from work, leading to lost wages and a potential loss of future earning capacity. Personal injury victims in Portland may be entitled to compensation for these economic losses, including wages lost during recovery and any long-term impact on their ability to earn a living.

Pain and Suffering

Physical pain and emotional suffering are common consequences of personal injuries, and victims are entitled to compensation for these non-economic damages. Our legal team understands the profound impact that injuries can have on an individual's quality of life and works diligently to secure fair compensation for the pain, suffering, and emotional distress our clients endure.

Disability or Disfigurement

In cases involving permanent disability or disfigurement, personal injury victims may be eligible for additional compensation to account for the long-term impact on their lives and the challenges they may face in the future.

Loss of Consortium

In some cases, the injury or loss of a loved one can significantly impact the relationship and companionship within a family. Spouses or immediate family members may be entitled to compensation for loss of consortium, which covers the loss of love, affection, and companionship resulting from the injury or death.

Punitive Damages

In cases of particularly egregious or intentional misconduct, the court may award punitive damages to the victim as a means of punishing the defendant and deterring similar behavior in the future.

It's important to note that the specific types and amounts of compensation available in a personal injury case can vary depending on the unique circumstances of each situation.

Common Defenses Used by Defendants in Personal Injury Lawsuiits

In personal injury suits, defendants and their insurance companies often employ various defense strategies to minimize their liability or avoid paying compensation altogether. At the McCue Law Office in Portland, Maine, our experienced personal injury attorneys are well-versed in these common defenses and have the skills and knowledge to effectively counter them.

Here are some of the most common defenses we encounter and how we address them:

Contributory Negligence

One of the most common defense strategies used by defendants is contributory negligence. This defense argues that the injured person (plaintiff) shares some blame for the accident. In Maine, a pure comparative negligence system applies. This means the jury will determine the percentage of fault each party bears for the accident. Your compensation will be reduced by your percentage of fault. For example, if the jury finds you 20% at fault and awards you $100,000 in damages,you would receive $80,000. A skilled Maine personal injury lawyer can help you counter this defense by demonstrating that the fault lies with the defendant.

Assumption of Risk

Another common defense is the assumption of risk. This defense argues that you knowingly exposed yourself to a dangerous situation and therefore cannot hold the defendant liable for your injuries. For example, if you are injured while participating in a dangerous sport like skydiving, the defendant may argue you assumed the inherent risks. However, this defense only applies if you truly understood the risks involved and voluntarily participated. An experienced Maine personal injury lawyer can argue that the danger was not obvious or that the defendant failed to take reasonable precautions to ensure your safety.

Pre-Existing Conditions

The defendant may also try to argue that your injuries were caused by a pre-existing medical condition, not the accident. This defense aims to minimize the compensation you receive for your injuries. A Portland personal injury lawyer will gather medical records and expert testimony to demonstrate that the accident aggravated your pre-existing condition or caused entirely new injuries.

Lack of Serious Injury

The defendant may downplay the severity of your injuries, arguing they are not serious enough to warrant compensation. Medical records, including doctor's reports and diagnostic tests, are crucial to counter this defense. Your lawyer will work to establish the extent of your injuries and the impact they have on your daily life.

Statute of Limitations

Each state has a time limit (statute of limitations) for filing a personal injury lawsuit. In Maine, the statute of limitations for most personal injury suits is six years from the date of the accident. Missing this deadline typically bars you from pursuing any compensation. If you believe you have a personal injury case, contacting a Portland personal injury attorney as soon as possible is vital to ensure you meet all deadlines.

The legal landscape surrounding a personal injury claim can be complex. If you've been injured due to another person's negligence in Portland, Maine, don't hesitate to contact McCue Law Office for a free consultation. Our experienced and compassionate personal injury attorneys will review your case, explain your legal options, and fight aggressively to recover the compensation you deserve for your injuries. We understand the financial strain and emotional toll serious injuries can cause, and we're committed to helping injured Mainers get back on their feet.

Settlement vs. Verdict

When you've been injured due to another person's negligence in Portland, Maine, your personal injury attorney at the McCue Law Office will work tirelessly to secure the compensation you deserve. However, there are two potential paths to resolution: settlement or trial verdict. Each option has its advantages and disadvantages, and the choice depends on the specific circumstances of your case.

Settlements

A settlement is the more common resolution to personal injury cases in Portland, Maine. It is a negotiated agreement between the injured party (plaintiff) and the defendant or their insurance company. In a settlement, both parties agree to resolve the case out of court by determining a fair amount of compensation for the plaintiff's damages.

Advantages of Settlements:

• Faster Resolution: Settlements typically result in a quicker resolution compared to going to trial, which can take months or even years.
• Certainty: With a settlement, you know exactly how much compensation you'll receive, eliminating the uncertainty of a jury verdict.
• Avoid Emotional Stress: Trials can be emotionally draining and stressful, while settlements often offer a more private and less confrontational resolution.

Disadvantages of Settlements:

• Potential for Lower Compensation: Insurance companies may try to lowball settlement offers, resulting in less compensation than you could potentially receive from a favorable jury verdict. However, having a lawyer negotiate for you can help avoid this.
• Limited Discovery: During settlement negotiations, there may be limited opportunity for discovery and gathering evidence.

Trial Verdicts

If a fair settlement cannot be reached, your personal injury case may proceed to trial, where a judge or jury will determine liability and award damages based on the evidence presented.

Advantages of Trial Verdicts:

• Potential for Higher Compensation: Juries can sometimes award significantly higher damages than insurance companies offer in settlements, especially in cases involving severe injuries or egregious negligence.
• Thorough Discovery: The trial process allows for extensive discovery and gathering of evidence, which can strengthen your case and increase the chances of a favorable outcome.
• Public Accountability: A trial can hold the negligent party publicly accountable for their actions, which may deter similar behavior in the future.

Disadvantages of Trial Verdicts:

• Time and Expense: Trials can be time-consuming and expensive, with prolonged legal proceedings and higher attorney fees.
• Uncertainty: There is no guarantee of a favorable verdict, and juries can sometimes make unpredictable decisions.
• Emotional Toll: Trials can be emotionally taxing, requiring you to relive the traumatic experience and endure cross-examination from the defense.

When deciding between a settlement or a trial verdict, your personal injury attorney at the McCue Law Office in Portland, Maine, will carefully evaluate the strengths and weaknesses of your case, the potential for compensation, and your personal goals and preferences.

It's important to remember that every personal injury case is unique, and the best course of action may vary depending on the specific circumstances. By working with an experienced and dedicated personal injury attorney from the McCue Law Office, you can be confident that your rights and interests will be protected, and that you'll have the guidance you need to make an informed decision that aligns with your goals.

Statute of Limitations on Personal Injury Cases in Maine

In Maine, the statute of limitations for personal injury claims is generally six years from the date of the injury or incident. However, it's crucial to consult with a Maine personal injury attorney promptly, as there are exceptions and variations depending on the specific circumstances of the case, such as claims against government entities or cases involving minors.

Benefits of Hiring a Personal Injury Lawyer

If you or a loved one has been injured due to someone else's negligence in Portland, Maine, hiring a skilled personal injury lawyer can make a significant difference in the outcome of your case. While it may be tempting to handle the matter on your own, personal injury law is a complex area that requires specialized knowledge and experience.

Here are some of the key benefits of working with a personal injury attorney from the McCue Law Office:

Skill and Experience

Personal injury lawyers, like those at the McCue Law Office, have in-depth knowledge of the relevant laws and regulations governing personal injury claims in Maine. They have extensive experience handling various types of cases, from car accidents and medical malpractice to slip and fall incidents and wrongful death claims. This allows them to navigate the legal system effectively and increase the chances of a successful outcome.

Objectivity and Advocacy

When you've been injured, it can be challenging to remain objective and make sound decisions. A personal injury lawyer can provide an impartial perspective on your case and advocate for your best interests. They will fight tirelessly to protect your rights and ensure you receive fair compensation for your injuries, medical bills, lost wages, and other damages.

Negotiation Skills

Insurance companies are primarily concerned with minimizing their payouts, and they often employ tactics to reduce or deny claims. Personal injury attorneys are skilled negotiators who understand the strategies used by insurance adjusters. They can effectively negotiate on your behalf and prevent you from being taken advantage of or accepting an inadequate settlement offer.

Access to Resources

Personal injury lawyers have access to a wide range of resources, including private investigators, accident reconstruction specialists, medical experts, and other professionals who can strengthen your case and provide valuable testimony.

Knowledge of Damages

Determining the full extent of damages in a personal injury case can be complex, particularly when it comes to calculating future medical bills, lost earning potential, and non-economic damages like pain and suffering. Personal injury attorneys have the knowledge and know-how to accurately assess and pursue all available damages, ensuring you receive the maximum compensation you deserve.

Trial Experience

While many personal injury cases are settled out of court, some may proceed to trial. Personal injury attorneys have extensive trial experience and are skilled in presenting compelling arguments before a judge and jury. They know how to effectively present evidence, cross-examine witnesses, and make persuasive closing statements to increase the chances of a favorable verdict.

Contingency Fee Arrangement

Most personal injury lawyers, including the McCue Law Office, work on a contingency fee basis. This means you don't pay any upfront costs or legal fees unless they successfully recover compensation for you. This arrangement allows you to access legal representation without the financial burden, ensuring you receive the justice you deserve regardless of your financial situation.

Navigating the legal system alone after suffering a personal injury can be overwhelming and often leads to inadequate compensation or even a dismissal of your case. By hiring a personal injury lawyer from the McCue Law Office in Portland, Maine, you gain a powerful ally with the resources, and commitment to protect your rights and maximize your chances of receiving the compensation you deserve.

How to Find the Right Personal Injury Lawyer for Your Case

If you or a loved one has been injured due to someone else's negligence in Portland, Maine, finding the right personal injury lawyer can make a significant difference in the outcome of your case. With so many attorneys and law firms to choose from, it can be overwhelming to determine which one is best suited to represent you. Here are some crucial factors to consider when seeking the right personal injury lawyer for your case:

Experience and Specialization

Look for a personal injury lawyer or law firm with extensive experience handling cases similar to yours. Whether it's a car accident, medical malpractice, slip and fall, or wrongful death case, you want an attorney who has a deep understanding of the intricacies involved and a proven track record of success. Additionally, consider whether the lawyer specializes in personal injury law, as this level of focus can be invaluable.

Reputation and Client Testimonials

A lawyer's reputation in the Portland legal community and among past clients can speak volumes about their professionalism, ethics, and effectiveness. Research online reviews and client testimonials.

Communication and Accessibility

Effective communication is essential in any legal matter. Look for a personal injury lawyer who is responsive, accessible, and takes the time to explain the legal process, answer your questions, and keep you informed throughout your case. A good attorney should be a strong communicator who makes you feel comfortable and understood.

Resources and Support Staff

A personal injury claim often requires extensive investigation, research, and collaboration with experts. Ensure that the lawyer or law firm you choose has the necessary resources, such as a dedicated support staff, access to expert witnesses, and the financial resources to handle complex cases effectively.

Trial Experience

While many personal injury claims are settled out of court, some may proceed to trial. It's crucial to choose a lawyer with substantial trial experience who is comfortable and skilled in presenting your case before a judge and jury. An attorney's trial record can provide insight into their courtroom abilities and success rate.

Contingency Fee Structure

Most reputable personal injury lawyers work on a contingency fee basis, which means they only get paid if they secure compensation for you. This arrangement ensures that your lawyer is motivated to achieve the best possible outcome for your case. Be wary of attorneys who demand upfront fees or retainers, as this can be a red flag.

Local Knowledge and Familiarity

Personal injury laws and procedures can vary from state to state, and even within different counties or municipalities. Choose a personal injury lawyer who is well-versed in the laws and regulations specific to Portland, Maine, and the surrounding areas. Local knowledge and familiarity with the local courts and legal system can be a significant advantage.

At McCue Law Office, we're a team of dedicated personal injury attorneys in Portland, Maine. We understand the challenges faced by injured people in southern Maine, from car accidents on I-295 to medical malpractice at local hospitals. We have a proven track record of success, recovering fair compensation for medical expenses, lost wages, emotional suffering, and property damage for our clients.

We offer free consultations, so you can discuss your case with an experienced attorney and learn about your legal options with no obligation. Don't wait – the sooner you seek legal advice, the stronger your case will be. Contact McCue Law Office today and let us fight to recover the compensation you deserve.

FAQs on Portland Personal Injury Lawsuits

What is the doctrine of comparative negligence, and how does it impact personal injury claims in Maine?

Maine follows a modified comparative negligence rule, which means that an injured person's compensation may be reduced in proportion to their degree of fault in the accident or incident. However, if the plaintiff's negligence exceeds 50%, they are barred from recovering any damages. This doctrine requires a thorough investigation and careful assessment of fault allocation to ensure that our clients' compensation is not unfairly diminished.

How are future medical expenses and lost earning capacity calculated in personal injury claims?

Determining the appropriate amount of compensation for future medical expenses and lost earning capacity is a complex process that involves careful analysis by medical experts, vocational experts, and economic experts. They consider factors such as the severity and permanence of the injury, the anticipated duration and cost of future medical treatments, the injured person's age, occupation, and projected career path, among others. Our attorneys work closely with these experts to ensure that all future losses are accurately calculated and accounted for.

What is the role of expert witnesses in personal injury suits, and how are they selected?

Expert witnesses play a crucial role in personal injury suits, providing specialized knowledge and testimony in areas such as accident reconstruction, medical causation, biomechanics, and economic damages. Our legal team carefully vets and selects expert witnesses based on their qualifications, experience, and credibility. These experts are crucial in establishing causation, refuting defense claims, and quantifying damages.

How does the statute of limitations impact personal injury claims in Portland, Maine?

In Maine, the statute of limitations for personal injury claims is generally six years from the date of the injury or incident. However, there are exceptions and variations depending on the specific circumstances of the case, such as claims against government entities or cases involving minors. It is essential to consult with a personal injury attorney promptly to ensure that your personal injury claim is filed within the applicable time frame.

What is the role of alternative dispute resolution methods, such as mediation or arbitration, in resolving personal injury claims?

Alternative dispute resolution methods, such as mediation and arbitration, can be effective tools in resolving personal injury cases without going to trial. These processes involve a neutral third party who facilitates negotiations and helps the parties reach a mutually agreed-upon settlement. Our attorneys are skilled in these alternative dispute resolution methods and can advise on the best approach for each case, taking into account factors such as the complexity of the case, the parties involved, and the potential for a favorable settlement.

Contact a Portland Maine Personal Injury Attorney

After a serious injury, you may be unsure where to turn. McCue Law Office is here to help. Our Portland Maine personal injury attorneys have several years of experience handling personal injury lawsuits across Maine and helping our personal injury clients get the justice they deserve. We understand the complexities of personal injury law and will fight to recover the maximum compensation you deserve for your injuries.

Contact a personal injury attorney at our Portland personal injury law firm by calling by calling (207) 421-9406 or filling out this online form. We offer a free consultation where you can discuss your personal injury claim and get personalized legal advice.