Maine is a beautiful state, but unfortunately, accidents happen everywhere, and this state has its fair share of personal injury cases. If you’ve been injured in Maine, you may not have any idea what to do next or whether a personal injury lawyer is necessary.
Whether it’s for guidance or help handling a claim, hiring a local personal injury lawyer is prudent. Maine has its own set of laws for personal injury claims, and it’s vital that you hire an attorney with the knowledge and experience in this region to help you get the compensation you deserve.
While there are hundreds of great personal injury lawyers out there, it’s essential that you find someone with whom you feel comfortable discussing the details of your case and trust to have your best interests at heart. To find the right person, you’ll want to talk to a few different lawyers to figure out which one you like the best. Before you do, it’s good to have some knowledge about the laws surrounding personal injury cases in Maine.
Table of Contents
Personal Injury Laws & Statutory Rules in Maine
Statute of Limitations
Types of Damages
“Fault” Auto Insurance System
Damage Caps in Maine Personal Injury Cases
Comparative Fault Rule
“Strict” Liability for Dog Attacks/Bites
Average Cost of a Personal Injury Lawyer in Maine
How to Find an Expert Personal Injury Lawyer in Maine
FAQs about Personal Injury Lawyers in Maine
1 What can I do to improve my chances of obtaining maximum compensation?
2 What questions should I ask a lawyer before I hire them?
3 How fast do I need to find a personal injury lawyer?
4 Is it worth hiring a personal injury lawyer?
5 Does Maine require Personal Injury Protection insurance?
6 What happens if I decide to fire my attorney before the case is over?
Personal Injury Laws & Statutory Rules in Maine
While your attorney should know all of Maine’s laws, it’s nice to have a basic understanding of at least a few of them. Some of this information will come in handy before you even hire your personal injury lawyer.
Statute of Limitations
Maine’s statute of limitations is six years. This gives the injured party up to six years from the date of the incident to file a claim. Whether it’s negligence, a car accident, or any other type of personal injury accident, you have up to six years after your accident to file a claim. This is double the amount of time that most other states allow for personal injury claims.
However, this does not include wrongful death suits or suits against the government. For wrongful death, you have two years to file a claim (three if it’s a medical malpractice suit). If you’re filing a claim against a city, county, or state government agency, you’ll need to file a formal claim within 180 days, but you have two years to file the actual lawsuit.
Types of Damages
The types of damages you can recover are the same in Maine as in any other state. These are economic, non-economic, and punitive. Medical costs and loss of wages are the easiest to recover and are covered under economic damages. Non-economic damages are often rewarded but harder to put an exact number on since they include things like pain and suffering. Punitive damages do not go to the victim but are instead a punishment to deter the defendant from engaging in the actions that led to the accident.
“Fault” Auto Insurance System
When it comes to automobile accidents, Maine is a “fault” state, which means that drivers file a claim with the insurance company of whoever caused the accident. If the drivers involved can’t agree on who was at fault, they can go to court to establish it.
Damage Caps in Maine Personal Injury Cases
Maine is one of the states that put a cap or limit on the damages someone can recover in personal injury claims. These caps sometimes only apply to certain types of cases or damages, but in Maine, the cap only applies to non-economic damages in wrongful death cases.
In Maine, the cap on personal injury claims is $500,000, which means that’s the max you’d be able to collect for things like pain and suffering or loss of a companion in a wrongful death case.
Comparative Fault Rule
While Maine is a “fault” state, it actually follows the comparative fault rule. This rule means that the injured party’s damages will be reduced based on the percentage of fault. For example, if you’re in a car accident and found to be 10% responsible for it, you may only claim 90% of the damages.
However, this state uses a modified version of the comparative fault rule. In Maine, if you’re found to be more than 50% responsible for the accident, you won’t be able to collect anything at all from the other party.
“Strict” Liability for Dog Attacks/Bites
Maine also has a specific statute (Me. Rev. Stat. Ann., tit. 7, § 3961) regarding dog bite or attack cases. This law makes the owner “strictly liable,” which means that they are responsible for covering the cost of damages for the person injured by the animal, regardless of whether it’s the first offense or not.
This is different from many other states, where they follow the “one bite” rule. This law would protect dog owners from a first offense by their animal if they didn’t have any reason to think that their animal was dangerous.
Average Cost of a Personal Injury Lawyer in Maine
As with any other state, there really is no average cost for a personal injury lawyer in Maine. This is because these types of attorneys work on a contingency basis. Most offer an initial meeting free of charge. After that, they will be paid a percentage of the eventual settlement. Personal injury lawyers usually claim a third of the reward.
Keep in mind, though, that this can rise to 40% if your case goes to trial. You’ll also likely have to pay for any expenses incurred during the case. Make sure you discuss with whoever you hire what their fees are. These numbers are not set in stone, so they could charge a different percentage. Also, have them tell you what typical expenses may cost.
How to Find an Expert Personal Injury Lawyer in Maine
Now that you know a little bit more about the laws and the process, it’s time to start looking for a lawyer. Remember that you’ll likely want to check out at least three or more to find the one that’s the right fit.
Since Maine laws are different than some of the other states, you’ll want an attorney that’s knowledgeable and experienced. You can search to see how long they’ve been practicing or just ask them. If you’ve been in a car accident, make sure they know the best ways to negotiate with insurance companies, as these companies tend to hire professionals that’ll take advantage of less knowledgeable people and leave you with a lower settlement.
Since you’ll likely be spending a fair amount of time meeting with and talking with your lawyer, make sure you choose someone you feel comfortable around. You might want to read some reviews and see what prior clients thought about their lawyer. This will give you an idea of their win rate, personality, and communication skills.
Here at My Case Helper, we’ll do the heavy lifting for you. When you call our number or fill out a consultation request form, we begin working on connecting you to the best available attorney to represent your case.
FAQs about Personal Injury Lawyers in Maine
1. What can I do to improve my chances of obtaining maximum compensation?
You’ll want to do a few things after an accident to make sure that you can get compensated correctly.
- Contact the police. You’ll want to call the police and get the name and badge number of the officer that arrives. If there’s a police report, you’ll also want to get that number. If the police don’t come to the scene, you may want to go to the police station and file a report yourself. Get a copy of the report if you can.
- Gather details. Depending on the type of accident, these details may vary. However, suppose it is a car accident. In that case, you’ll want to take pictures of the license plates of all vehicles involved, the vehicles themselves and the damage, the driver’s license of anyone else involved, and get the names and contact info for those involved and any witnesses.
- Medical attention. You’ll want to see a doctor, no matter how you’re feeling at the moment. Some injuries may take time to reveal themselves, and it’s best to have a thorough check-up to make sure you’re okay.
- Find a personal injury lawyer to guide you through the process.
There are also a few things that you’ll want to avoid, such as talking to the insurance company of the other driver, ignoring medical advice given when you’re seen, and talking about your accident on social media.
2. What questions should I ask a lawyer before I hire them?
There are many questions that can help you decide on which lawyer to hire. Here’s a list of a few that’ll get you started.
- How long have you been in practice?
- How many cases like mine have you handled?
- How often do you settle cases out of court?
- How much time do you have to devote to my case?
- What are your fees and costs?
- Will I have to pay any fees or costs if I lose?
- What’s the typical length of time it takes to resolve a case like mine?
- What are the next steps?
3. How fast do I need to find a personal injury lawyer?
You’ll want to try to hire a personal injury lawyer as soon as you can. These attorneys will need as much evidence as possible to negotiate your case, and you don’t want to lose any of that with time. Your lawyer will want to photograph injuries, the vehicles involved and the damage and examine factors involved to find the cause of the accident. You’ll also want to avoid speaking to insurance companies until you’ve talked to a lawyer, so they can guide you on your statement.
4. Is it worth hiring a personal injury lawyer?
Hiring a personal injury lawyer is the best thing you can do if you’ve been hurt in an accident. They’ll be able to guide you through the claim process and help you navigate insurance statements and negotiations. If your case goes to court, having a lawyer involved from the very beginning will give you the highest chance of winning your case.
5. Does Maine require Personal Injury Protection insurance?
No, PIP is not required in Maine. In fact, it’s not even available. Instead, Maine residents must carry at least $2,000 of medical payments coverage.
6. What happens if I decide to fire my attorney before the case is over?
This is pretty rare but can happen. Unfortunately, it’s not that easy to fire an attorney that’s working on a contingency basis. This is because they’ll have a lien for fees and expenses incurred while they were working for you. You may end up with a lawsuit against you and the defendant for failing to honor that lien. They can also go after interest on that money, but you can try to get them to sign an agreement not to seek it and forward the document to the defendant. You’ll want to do this before the settlement to avoid any delays on the lien.
My Case Helper is here to connect you with top legal representation in the attorneys and law firms. We pride ourselves on partnering with the absolute best legal teams in the United States. Get help with any legal case you are facing today by calling My Case Helper at (844) 980-1574.