Maine Personal Injury Lawyer

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Personal injury is a category of law that falls under the umbrella of Tort Law. Personal injury cases are civil cases, in which a person attempts to obtain compensation for an injury, accident or illness that was sustained to the body. Personal injury can also include emotional and mental injury, but it's important to remember that personal injury is differentiated from injury or harm caused to property, which are covered under other areas of law.

Personal injuries can also be psychological, in cases where the victim has experienced some form of trauma, whether as a result of life-threatening or disfiguring physical injuries or as a result of the trauma of being involved in, or witnessing, a traumatic events.

In order to win a personal injury lawsuit, the plaintiff's attorney must prove liability, which happens after he or she has been able to establish negligence on the part of the defendant. If the plaintiff has failed to use reasonable care to prevent the injury or damage, then there may be allowances made for comparative negligence, which is also known as contributory negligence. The amount to which a plaintiff is found liable may limit or restrict the amount of compensation which will be received.

As in other states, Maine has a statute of limitations for filing a personal injury claim. The state of Maine's statute of limitations allows a would-be plaintiff six years from the date or discovery of their injury to file a lawsuit. Wrongful death, medical malpractice and some other exceptions may have longer statutes of limitations, however, or the statute of limitations may not begin to toll or run, until the discovery of the damage (say in the case of a surgical tool being left inside one's body after invasive surgery; or the onset of mesothelioma, which is a type of cancer which is caused by asbestos exposure, but which can take up to 50 years to become symptomatic). If you have been injured in an accident or exposed to injurious or harmful environments, however, it is always wise to review your case with an attorney as soon as possible.

When you decide to hire an attorney, ask friends and family if they have a recommendation. Also, it is important to ensure that any attorney you are researching is a member of the Maine Bar Association and the American Bar Association.

Your attorney will be willing to consult with you in the hospital or at home if you cannot travel due to your injury. The sooner you get an attorney involved, the better off your case will be. When you are injured due to the negligence of another party, you are entitled to medical costs, property damage costs, pain and suffering, egregious or malicious negligence and punitive damages.

In the case of exposure to a toxic substance, like asbestos, you need an attorney with specific experience in that area of the law. Many personal injury cases are extremely complicated, like medical malpractice, product liability or asbestos exposure. If an attorney has handled these cases before they are more apt to be successful since they know the ropes. They have relationships with medical experts and specialists in particular fields who can testify on your behalf. All this experience benefits you and your case.

If you have a serious injury that will require lifelong care, your reward should reflect that. If your ability to earn money has been reduced due to your injury, you should be duly compensated for that as well. The state of Maine caps damages at $400,000 but there are no caps on medical or punitive damages.

Most personal injury attorneys will take your case with no money down, on a contingency basis. They get nothing unless they win your case.

If have you been hurt in an accident due to someone else's negligence, you should consult with a qualified personal injury attorney as soon as possible. With an attorney on your side, you can take the time to heal and recover while a professional handles the insurance company and fights for you.

Don't try to go at it alone. The law is complicated and the insurance company will not help you figure it out. Only a qualified Maine personal injury attorney can help you do that, and can fight to ensure that you receive the proper compensation to which you are entitled.


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