Personal Injury Lawyer Maine
How is personal injury compensation determined?
If you believe your personal injury was the fault of another, you may be entitled to compensation, the amount of which a personal injury lawyer Maine clients retain can make on your behalf. As part of this process, a Maine personal injury lawyer will ask you several questions that will help them understand the strength of your liability claim and the extent of the damages you have suffered.
The Strength of Your Claim
The strength of your liability claim is the first thing a personal injury lawyer Maine clients consult will attempt to understand. For there to be liability, a party must be “at fault” by their act of negligence or carelessness. In the context of a car accident, Maine is an “at fault” state so the same criteria applies—the driver who is determined to have been negligent, or at fault, is responsible for damages. Those are usually paid through their insurance company. An experienced personal injury lawyer in Maine has seen instances of all varieties of negligence such as drunk driving or distracted driving, following too close, failure to yield the right of way, etc. Many factors can contribute to an accident such as driver fatigue, or even your own negligence. The opposing attorney will try to make a case that your injury was caused by your own negligence more than that of his/her client.
The Amount of Your Damages
A personal injury lawyer Maine clients retain will then ask questions aimed at determining the extent of your damages. Damages are the financial costs resulting from the injury and the non-economic impact it has had on your life. An extended hospital stay with multiple surgeries is an example of significant hardship, and having suffered through such an ordeal one should expect to recover significant damages. Three common methods for determining personal injury damages are described below:
- Injury valuation software. Insurance companies rely on software designed to calculate a monetary value for damages based on several factors which include whether you have been hospitalized, how you were treated and for how long, whether physical therapy was involved, types of medication, level of impairment, etc. These systems are proprietary and the formulas are known only to the insurance companies.
- Multiple of specials. This considers all economic damages and damages due to pain and suffering along with aggravating circumstances, injury seriousness, recovery time, and the extent of recovery. A personal injury lawyer Maine clients retain will tend to use this method in their negotiations with insurance companies.
- Per diem. This assigns a monetary value to your pain and suffering by determining a “per diem” (per day) value which determines an amount for economic damages, and then adds to that a per-diem value for any lingering pain.
A personal injury lawyer in Maine can help you navigate all federal and state laws that are relevant to your case. For instance, Maine does not specify a cap on damages or limit them in a medical malpractice case. However, it does cap damages for personal injury awards for allegations of wrongful death at $500,000. It’s important to note that there is no limit set on economic damages, which are those resulting from adding lost income to medical costs, replacement costs, and other quantifiable costs that are were necessary due to your injury.
If you believe your injury is the result of another party’s negligence, call the David Bate Law Office at 262-797-6677 for a free consultation; he is a personal injury lawyer Maine has relied on for 23 years.