Portland ME Personal Injury Attorneys

Personal injury is an area of law designed to provide protection for people who have suffered bodily injury or property damage because of someone else’s actions or failure to act. Men, women, and children are injured through the negligence of others every day. Our Portland personal injury attorneys have been holding responsible parties accountable and recovering compensation for our clients for decades.

Types of Personal Injury Claims

People can be injured through the negligence of others in many ways. Types of personal injury claims our firm handles include:

• Car accidents: There were 28,746 traffic crashes in Maine in 2020, as reported by the Department of Transportation (ME DOT). Of these accidents, 150 were fatal and 7,925 caused injuries.
• Motorcycle accidents: Motorcyclists are 29 times more likely to die in a crash than passenger vehicle occupants, as stated by the Insurance Information Institute (III).
• Truck accidents: In a collision between a passenger vehicle and a large commercial truck, occupants of the passenger vehicle are likely to suffer serious or fatal injuries. We are committed to holding trucking companies and their drivers accountable.
• Premises liability accidents: Landowners and occupiers in Maine have a duty to ensure their property is free from dangerous conditions that could cause unreasonable harm to lawful visitors. When they fail in that duty, they may be held liable.
• Dog bites: Maine is a strict liability state for dog bites that occur anywhere other than the dog owner or keeper’s premises. To recover damages, injured victims are not required to prove that the owner or keeper knew or should have known the dog would bite.

Elements of a Portland Personal Injury Claim

In a civil action in Maine, you must prove your case by a preponderance of the evidence, meaning it is more likely true than not. Most personal injury claims are based on negligence. To prevail, your attorney will need to establish the following elements:

• Defendant had a duty to exercise reasonable care
• Defendant failed to exercise that level of care
• Defendant’s negligent conduct led to the actual harm you sustained
• You suffered actual damages as a result
• The harm you suffered is within the scope of the established liability

Recoverable Damages in a Personal Injury Claim

Victims of personal injury suffer economic and noneconomic losses as a result of someone else’s negligence or wrongdoing. In a legal context, these losses are known as damages. The types and amounts of damages you can claim will depend on the circumstances of your case. Factors affecting damages may include severity of injuries, amount of medical bills, need for ongoing treatment or therapy, facts underlying the incident, value of lost income or earning potential, extent of pain and suffering, and insurance coverage limits.

Examples of personal injury damages include:

• Medical expenses, past and future
• Lost wages
• Lost future earnings
• Reduced earning capacity
• Property damage
• Pain and suffering
• Emotional distress
• Trauma
• Inconvenience
• Reduced quality of life

Time Limit to File a Claim

A statute of limitations is a time limit imposed by law after which your claim is forever barred. The statute of limitations for personal injury lawsuits in Maine is six years. This time limit usually starts to run from the date the injury occurred, although there are certain exceptions. If your claim is against a government agency, the time limit is much shorter – 180 days to file a claim and two years to file a lawsuit. If you have been injured because of someone else’s negligence, it is in your best interests to speak with an experienced Portland personal injury attorney as soon as possible.

Contact the Horn Wright, LLP at (207) 994-2001 to schedule a free consultation. We can tell you if you have a personal injury case and what damages you may be entitled to claim.