How to File a Personal Injury Lawsuit in Maine
Our Portland, Maine personal injury lawyers explain the process
Filing a personal injury lawsuit in Maine may seem overwhelming, but understanding the process can make a huge difference in securing the compensation you deserve. In Portland and across the state, injuries caused by someone else’s negligence can leave you facing physical pain, financial burdens, and emotional stress. If you’ve been hurt due to someone else’s carelessness, pursuing a lawsuit may be your best option to hold them accountable and get the compensation you need to recover.
At Romanow Law Group in Portland, Maine, we believe in standing up for personal injury victims who need experienced legal guidance. Our team understands the unique challenges you face after an injury, and we’re here to help you navigate the legal system with confidence. We put your needs first and are committed to fighting for the maximum compensation available. With our firm by your side, you can trust that your case is in dedicated, capable hands.
Personal Injury Lawsuits FAQ
Here are some common questions people have about the personal injury lawsuit process in Maine:
- What is a personal injury lawsuit?
- How long do I have to file a personal injury lawsuit in Maine?
- Who can file a personal injury lawsuit?
- What is the average settlement amount?
- How long does a personal injury lawsuit take?
- What does the timeline for a personal injury lawsuit look like?
Let us help you navigate your personal injury lawsuit
We understand that a personal injury lawsuit can be a lot to handle, but you don’t have to face it alone. With our experience and commitment to justice, we guide our clients through each step – from filing the initial complaint to negotiating with insurance companies and, if necessary, fighting for you in court. Our team handles the legal complexities so you can focus on healing and rebuilding your life.
With one of our attorneys by your side, you get more than just legal representation; you get a dedicated lawyer who values you and your story and fights for your future. We’ll put our skills and resources to work to secure the compensation you deserve. If you’ve been injured due to someone else’s negligence in Portland or anywhere in Maine, contact us today. Let us help you fight for the justice and financial recovery you’re entitled to.
What is a personal injury lawsuit?
A personal injury lawsuit is a legal action taken by someone who has been hurt due to another party’s negligence or reckless actions. When you file a personal injury lawsuit, you’re essentially seeking compensation for the harm you’ve suffered—this can include physical injuries, emotional distress, medical expenses, and lost income if you’re unable to work. The goal is to make the responsible party cover these costs, so you’re not left dealing with the financial burden of an accident that wasn’t your fault.
In Maine, the process of filing a personal injury lawsuit starts with gathering evidence, building a strong case, and proving that the other party’s actions directly led to your injuries. An experienced personal injury attorney can help you navigate each step, working to secure a fair settlement or, if needed, representing you in court. Ultimately, a personal injury lawsuit is a way to protect your rights and get the resources you need to move forward after an unexpected injury.
How long do I have to file a personal injury lawsuit in Maine?
In Maine, the time you have to file a personal injury lawsuit depends on the type of case and who is involved. For most personal injury claims, you have up to six years from the date of the accident or injury to file a lawsuit. This deadline is known as the statute of limitations. Missing it can mean losing your right to seek compensation, no matter how strong your case may be.
Some cases have shorter deadlines. For example, wrongful death claims usually must be filed within three years from the date of death, and claims involving medical malpractice generally have a three-year limit as well. If your case involves a government agency, you need to file a formal claim within 180 days of the incident. After that, if it’s unresolved, you have two years from the date of injury to file a lawsuit. To make sure your case stays on track and within these deadlines, seek legal advice as soon as possible.
Who can file a personal injury lawsuit?
Anyone who’s been hurt and suffered losses because of someone else’s negligence can file a personal injury lawsuit. In this case, you would be the “plaintiff,” and the person or party you’re suing is the “defendant.”
For wrongful death cases, things work a bit differently. Only one person can file on the victim’s behalf – a personal representative of the deceased’s estate (the executor named in the victim’s will; if there is none the court will appoint one).
Compensation awarded in these cases may benefit close family members, like the spouse, children, or other relatives.
What is the average settlement amount?
There isn’t a one-size-fits-all settlement amount for personal injury cases, as every case is unique. The amount you receive depends on several key factors, such as the severity of your injuries, the cost of medical treatments, and the impact on your ability to work. Other elements that come into play include whether the injury caused lasting physical or emotional effects, the clarity of the other party’s fault, and the available insurance coverage.
Since these factors vary widely, settlement amounts can range from a few thousand dollars to much more. An experienced attorney can help evaluate these details and work to get you the compensation you deserve based on your specific situation.
How long does a personal injury lawsuit take?
It’s hard to measure the time it takes for a personal injury lawsuit to close. Some cases settle within a few months, while others can take a year or more, especially if they go to trial. The length of your case depends on several factors, like the severity of your injuries, the complexity of gathering evidence, and whether the other party is open to settling or wants to fight in court.
If you have a straightforward case with clear evidence, you might see a faster resolution. But if there are disputes over liability, extensive medical treatments, or a high settlement amount at stake, the process may take longer. Your attorney can help navigate these steps, aiming for a fair settlement while keeping the process as smooth as possible.
What does the timeline for a personal injury lawsuit look like?
Filing a personal injury lawsuit is a journey with many important steps. From consulting an attorney to possibly going to trial, each phase of the process plays a critical role in building a strong case and fighting for the compensation you deserve. Although the timeline can vary based on factors unique to your case, understanding each step can make the process feel less overwhelming and give you an idea of what to expect. Here’s a closer look at the timeline of a personal injury lawsuit.
- Talk to a lawyer: The first step is finding an experienced personal injury attorney who can assess your case’s strength. They’ll explain your legal options, gather the initial facts, and guide you through the process so you have clear expectations about what’s ahead.
- Draft the complaint: Once you decide to proceed, your attorney will draft a complaint. This document outlines the details of your case, the defendant’s alleged negligence, and the damages you’re seeking. It’s a formal statement that kicks off the legal process and lets the court know why you’re pursuing a lawsuit.
- File the complaint: Next, your attorney files the complaint with the Clerk of the Superior Court in the appropriate county, either where the injury occurred or where the defendant resides. Filing fees apply, and this action officially starts the case.
- Serve the defendant: After filing, the defendant receives a copy of the complaint and a summons, notifying them of the lawsuit. This step ensures that the defendant is formally aware of the claims against them and can prepare to respond.
- Defendant’s response: The defendant has a specific time frame to respond to the complaint. They may admit, deny, or partially admit the claims, setting the stage for the next phase of the case.
- Discovery: In this step, both sides gather and exchange evidence. This process can include written questions, document requests, and depositions, where witnesses are questioned under oath. Discovery is essential for building a solid case, as it uncovers key details from both sides.
- Negotiation and mediation: Before going to trial, many cases go through negotiation or mediation, where both sides try to reach a settlement. This results in a faster resolution. An attorney can help you decide if a settlement offer is fair or if it’s worth proceeding to court.
- Trial: If a settlement can’t be reached, the case goes to trial. Here, both sides present their arguments, evidence, and witness testimonies, and a judge or jury determines the outcome. While trials can be lengthy, they offer a chance for a full hearing of your case.
- Judgment: If you win, the court will issue a judgment in your favor, outlining the damages awarded. This ruling specifies what the defendant owes you and is a critical step toward receiving your compensation.
- Appeals: After a judgment, either party can appeal the decision if they believe a legal error occurred. An appeal can add time to the process, but it may be necessary to secure a fair outcome.
A personal injury lawsuit can be complicated, but having an experienced personal injury attorney at each step makes the process manageable. They’ll ensure you meet all legal deadlines and protect your rights from start to finish, so you can focus on recovery.