Do you have questions about the often overwhelming and frequently complicated personal injury legal process? At Mann Law, we’re always here to answer your questions.

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What Is Personal Injury Law?

Personal injury law allows parties to seek compensation for injuries sustained due to the negligence or intentional actions of others.

This area of law addresses a broad spectrum of incidents, from auto accidents to slips and falls to medical malpractice, which can result in physical and psychological harm.

Negligence is central to personal injury law and refers to the failure of one or more parties to take reasonable care to avoid causing you injury or loss. You must prove four key elements in a negligence claim:

  1. Duty of care—the other party owed you a legal duty to act with reasonable care;
  2. Breach of duty—the other party breached that duty by their actions or inaction;
  3. Causation—the other party’s actions (or inaction) caused your injuries; and
  4. Damages—you suffered financial harm as a result of the breach.

At Mann Law, we are committed to helping clients who have been injured as a result of negligence. If you cannot prove the other party was at fault, you risk receiving a lower settlement or no settlement. That’s why retaining a Yarmouth personal injury lawyer is essential. 

How Long Do I Have to File?

The statute of limitations is the legal timeframe in which an individual has to file a personal injury lawsuit. In Maine, individuals typically have six years from the date of injury.

This timeframe is much longer than the statute of limitation period in other states, which typically have two- or three-year limits.

Knowing the deadline to file is important because courts will dismiss your case if it is not filed in a timely manner. But six years gives ample time to file a claim. There are some exceptions to the statute of limitations.

For example, if the injured party is a minor at the time of the incident, the statute of limitations begins once that individual turns 18.

Additionally, if an injury is not immediately obvious, the law may provide additional time, and the statute of limitations begins once the injury is discovered or should have been discovered.

How Much Can I Receive?

Maine uses a modified comparative negligence standard when determining damages. This means that your ability to recover is reduced by your share of the fault. It is important to note that in Maine, you cannot recover damages if you are 50% or more at fault.

For example, if you get in a car accident and are found 30% at fault because you were speeding, you can still recover 70% of your damages from another at-fault party. However, if you ran a red light and were found 70% at fault, you could not recover any damages.

This rule is important when it comes to settlements and trials, so hiring a Yarmouth personal injury lawyer is critical in minimizing your level of fault and maximizing your potential compensation. 

What Are Damages?

Damages are the monetary value of your harm or injury. Maine has two main types of damages: economic and noneconomic. Economic damages reimburse the injured party for financial losses and include:

  • Medical expenses (both past and future),
  • Lost wages and diminished earning capacity, and
  • Property damage.

Noneconomic damages reimburse injured parties for intangible losses, such as: 

  • Pain and suffering,
  • Emotional distress, and
  • Loss of consortium. 

Intangible losses are hard to quantify because they are subjective in value. Pain and suffering can represent a significant portion of a settlement, especially in cases involving catastrophic injuries. There are no caps on most personal injury matters, except wrongful death cases in Maine

What Are the Most Common Types of Personal Injury Cases?

In Maine, the most common personal injury cases our Yarmouth personal injury lawyers handle include:

  • Car accidents. Drivers may be liable for speeding, distracted driving, or ignoring signals. 
  • Slip and fall accidents. Property owners are responsible for maintaining safe conditions in both public and private spaces.
  • Motorcycle accidents. Riders often face severe risks due to negligent drivers and poor road conditions.
  • Wrongful death. Surviving family members can seek justice for the loss of a loved one due to negligence or deliberate harm by another party.
  • Bicycle accidents. Cyclists are vulnerable on the roads, and we represent those injured by inattentive drivers or unsafe road conditions.
  • Truck accidents. The size and weight of commercial vehicles can lead to significant injuries in collisions, often compounded by drivers’ fatigue and improper vehicle maintenance.
  • Pedestrian accidents. We advocate for pedestrians injured while walking in crosswalks or along roads due to driver negligence.
  • Premises liability. We handle cases where injuries occurred due to unsafe conditions on someone else’s property, including inadequate security or hazardous obstacles.
  • Traumatic brain injuries. These severe injuries can occur from a variety of accidents and have long-lasting effects.
  • Catastrophic injuries. We represent clients who have suffered life-altering injuries, helping them pursue compensation needed for long-term care.
  • Dog bites. Victims of dog bites can face serious infections and emotional trauma, and we help them seek compensation from negligent pet owners.

These are not the only accidents covered under personal injury law, so it is important to speak to a Yarmouth personal injury lawyer about your incident.

What Steps Should I Take After An Injury?

If you’ve been injured, taking the right steps after the incident can help your personal injury claim.

  • Seek medical attention. Always prioritize your heath before doing anything else, and document your injuries once you are able. Medical records are important evidence in personal injury claims.
  • Document the scene. Take photos of the accident scene and gather witness statements. Once available, obtain copies of police reports.
  • Contact an attorney. Even though the statute of limitations is six years, consulting with an attorney early in the process gives you the best chance at compensation. Filing as early as possible helps prevent issues like fading memories and lost evidence.

Taking these steps can strengthen your claim in the eyes of a jury.

Contact Our Yarmouth Personal Injury Lawyers

Yarmouth is a small town. Local attorneys often have strong ties to the community, which can impact how cases are handled. A Yarmouth personal injury lawyer knows how to work with local judges and local juries.

As your attorneys, our bottom line is about getting you what you deserve. And we also want to ensure you remain a relevant participant in the legal process along the way. You can read the reviews of our dedicated clients who’ve had this positive experience.

At Mann Law, we pride ourselves on getting to know you, our client. Understanding your case comes with knowing what it takes to win in court, and working together to achieve the best possible results.

Life isn’t always calm. We can help. Contact us today for a risk-free complimentary consultation.