Slip and fall accident in Maine
If you are in a business like a retail store or a bank and you slip and fall, you may be eligible for compensation, but you will face challenges. Proving negligence can be difficult in slip and fall accidents because the issue of shared fault usually arises.
In slip and fall cases, it is common place for the defendant to argue that you bear some responsibility for your accident. They may argue that you weren’t paying attention when you fell, or you ignored warning signs. Placing some of the blame on you allows the parties involved to reduce their liability and keep settlement amounts low. When shared fault is an issue, you should have an accident attorney in Maine to argue on your behalf.
Premises liability
Maine’s premises liability laws state that property owners have a duty to ensure everyone lawfully on their premises are not harmed because of unsafe conditions. Premises liability cases include:
- Dog Bites
- Slip-and-Fall Accident
- Lackluster Security
- Exposure to toxins such as asbestos
- Defects sidewalks, roads, and other walkways
- Hazardous Staircase
- Icy sidewalks and entryways
Auto accidents and other road crashes
Auto collisions are one of the leading causes of accidental death in the U.S. In Maine, approximately 164 people were killed in traffic accidents in 2012, according to the Maine Bureau of Highway Safety. Road accidents take too many lives and leave thousands injured. Speak with an accident attorney in Maine if you are injured in a car accident or any of the accidents below:
Liability in personal injury cases in Maine
If you are involved in any one of the accidents discussed above, you must prove liability to have a valid personal injury claim. To show liability, you must demonstrate that the responsible parties had a duty to ensure the safety of others (duty of care) and they failed in that duty.
You need witness testimony, medical documents, proof of financial damages, and police report if involved a road crash. You also need any evidence that can be gathered from an investigation conducted by one of USAttorneys skilled accident lawyers in Maine.
File your claim with a civil court
District Court in Portland:
71 Lisbon Street
Lewiston, ME 04240
District Court in Bangor:
78 Exchange Street,
Bangor, ME 04401
District Court in Lewistown:
205 Newbury Street
Portland, ME 04101
To find more district court: http://www.courts.maine.gov/maine_courts/district/
Set up a legal consultation
If you are hurt, and the medical bills are piling up, set up a consultation with one of our accident lawyers in Maine. USAttorneys can help you find a local attorney in Portland, Bangor, or Lewistown to help you with your road accident, premises liability case or slip and fall. Call and set up a consultation today.
Can an attorney in Maine help with property damage and injury compensation after an accident?
An experienced attorney in Maine can offer accident victims competent legal counsel regarding accident claims that result in personal injury and property damage. State laws provide for payment, or indemnity when an injured party is not at fault, referred to as “damages. Accident lawyers are familiar with an insurance company’s desire to close out claims quickly, so it is important to call them shortly after an accident involving injury and property damage before you are approached by an insurance company with a low settlement offer. Personal injury firms have valuable resources to support a case by:
- Sending investigators to the accident scene
- Reviewing police reports, witness testimony and medical reports
- Hiring appropriate financial personnel to make valuations of loss
- Determining the cause of the accident
- Supporting victim’s rights against aggressive insurance companies
- Drafting and filing complicated insurance and legal documents
Because of an accident’s unplanned nature and its occurrence in every type of venue, victims can become overwhelmed with the tasks to be undertaken afterward. In many cases, individuals are left with expensive property damage replacement, or physical injury and loss that requires legal action to address costs above insurance settlement awards.
What damages can a victim recover from accidental injuries?
Compensatory damages are an award of money in compensation for actual economic losses, injury, and property damage, not including punitive damages. The award of money is meant to address general and special damages:
- Special economic damages may include present and future lost wages, medical bills, future medical care, household expenses and
- General non-economic damages may include pain and suffering, mental anguish and loss of consortium, or companionship.
Punitive damages.
Maine law allows punitive damages on a case-by-case review, and caps them at $250,000 for wrongful death claims, where the acts of a defendant are egregious, intentional, and significantly harmful to another person. Punitive damages are not awarded against government agencies, and an experienced attorney can explain when they are allowed in civil actions involving injury pertaining to each unique case.
What types of accidents result in legal action toward fiscal recovery?
Workers’ compensation, personal injury, premises liability, medical malpractice and car, truck, bus and motorcycle (motor vehicle) accidents in Maine are at the root of legal action in pursuit of economic, and non-economic damages, plus punitive damages in specific situations. Maine states that personal injury lawsuits for injuries caused by negligence, or misconduct must be filed within six years from when the injury was sustained, discovered or should have been discovered through reasonable care, except for wrongful death and medical malpractice cases. An attorney can inform a claimant of pertinent filing timelines.
Motor vehicle.
If you are injured in a motor vehicle accident in the State of Maine, where 137 related deaths occurred in 2018, you may have questions about how the laws will affect property damage and personal injury claims. An experienced attorney can help with the intricacies of a complex accident case that may have criminal components for reckless driving, distracted driving, or driving under the influence, which may affect insurance coverages, degrees of fault and the severity of the accident damages toward a timely award. Maine is a third party liability state with regard to car accidents, and follows comparative negligence rule up to 50% where parties can receive compensation, above 50% no compensation will be awarded.
Personal injury.
If a person is hurt because of the actions, or inaction of another individual, they may be able to recover compensation when fault and/or liability is proven for the resultant harm. The recovery of damages is contingent on proving that the individual, or entity was negligent and caused the injury and owed a duty of care to the victim, and must be filed within the six year statute of limitations.
Premises liability.
Individuals who are hurt in an accident on someone else’s property may take legal action when it was caused due to poor conditions on the property, including improper maintenance, upkeep, or negative resident, or pet interaction on the premises. The responsibility of the property owner depends on the standard of care owed to the injured person, which is based on the reason for their presence on the property. For example, an invitee is owed a duty of care, but a trespasser may not be owed that same duty. Homeowners’ insurance may cover these types of injuries depending on the individual policy.
Medical malpractice.
Maine medical malpractice actions occur when a person becomes injured while being treated by a practicing health care provider. Maine’s statute of limitations starts at three years for medical malpractice cases and it is important to speak to a medical malpractice attorney for case-specific information regarding the possibility of compensatory and punitive damages.
Workers’ compensation.
The Maine Workers’ Compensation Board has a detailed process for individuals who are injured on the job, or contract job-related illnesses necessitating a workers’ compensation claim for monetary damages. Injuries may be caused by an accident, or a medical condition that develops over time caused by repetitious use of a body part, or a hazardous workplace environment causing harm.
Wrongful death.
In Maine, family members, or legal representatives must file a wrongful death claim within two years from the date of the death caused by the negligent, reckless, or deliberate act of another. A jury may award damages not to exceed $750,000 for the loss of comfort, society, and companionship of the deceased, including damages for emotional distress arising from the underlying claim to the person(s) for whose benefit the action is brought. A jury may also award punitive damages not to exceed $250,000.
Legal action after an accident.
Maine accident victims do not have to deal directly with insurance companies toward the resolution of damages. Experienced lawyers can carry that burden and save time, reduce stress, and point accident victims on the right path toward a comprehensive financial award.
