If you have been in a car accident or suffered a serious injury in Maine, there is a good chance the insurance adjuster told you something like this:
“You don’t really need a lawyer. If you hire one, you’ll end up with less money after they take their fee.”
It sounds reasonable on the surface. It is also one of the most misleading things an insurance adjuster will say to you, and they say it on purpose.
This article explains why that claim does not hold up, what Maine personal injury attorneys actually cost, and what injured people in Maine typically recover when they have legal representation versus when they go it alone.
Why Insurance Companies Say This
Insurance companies are for-profit businesses. Their goal when handling your claim is to resolve it at the lowest possible cost. The less they pay you, the better their bottom line. It’s that simple. Every dollar they can keep from you is a dollar of profit.
When an adjuster tells you that hiring a lawyer will cost you money, they are not looking out for your interests. They are trying to keep you unrepresented because unrepresented claimants settle for less.
An unrepresented person typically does not know:
- The full value of their claim, including future medical costs and lost earning capacity
- How to properly document their injuries and damages
- Whether a settlement offer is fair, low, or insultingly inadequate
- They have up to six years to file a personal injury lawsuit in Maine (Maine Title 14, §752)
- That accepting a quick settlement often means signing away your right to any future compensation
Insurance adjusters know all of this. They count on you not knowing it.
How Personal Injury Attorneys in Maine Are Paid
Personal injury attorneys at Hardy, Wolf & Downing — work on a contingency fee basis.
Here is what that means in plain terms:
- You pay nothing up front
- You owe no hourly fees
- You only pay a legal fee if your attorney recovers money for you
- The fee is a percentage of the recovery, agreed upon before representation begins
If your attorney does not win your case, you owe nothing for their time.
This arrangement means your attorney has a direct interest in maximizing your recovery. The more they get for you, the more everyone benefits. It also means there is no financial risk to you in calling a lawyer and finding out whether you have a case worth pursuing.
What the Numbers Actually Look Like
The question is not whether you pay an attorney a percentage of your settlement. The question is whether your net recovery, after legal fees, is higher with representation than without it.
In the vast majority of cases, it is significantly higher.
Here is a simplified example of the kind of outcome that happens regularly at Hardy, Wolf & Downing:
A person is injured in a rear-end collision in Maine. Before hiring an attorney, the insurance company offers $5,000 to settle the claim. After retaining Hardy, Wolf & Downing, the case goes through proper documentation, demand, and negotiation. The case resolves for $100,000.
After the contingency fee is deducted, the client’s net recovery is still many times the original offer, reflecting the actual value of what they lost.
This is not unusual. It is a pattern that repeats because insurance companies make low offers to unrepresented claimants, knowing most people will accept them. An experienced Maine personal injury attorney changes that dynamic entirely.
Why Representation Changes What You Recover
Attorneys Know the Full Value of a Claim
Injured people often focus on the bills they have right now. A good personal injury attorney looks at the full picture: current medical expenses, anticipated future treatment, lost wages, diminished earning capacity, pain and suffering, and emotional distress. An insurance company’s early offer rarely accounts for all of these.
Proper Documentation Makes a Real Difference
Building a personal injury claim requires gathering medical records, accident reports, witness statements, and expert opinions. Most people do not know how to do this, and insurance companies know it. When the documentation is thorough and professionally assembled, it is much harder to lowball.
Trial Readiness Changes the Math
Insurance companies evaluate every claim against the backdrop of litigation. If they believe you will accept a low offer rather than file a lawsuit, they will make a low offer. Hardy, Wolf & Downing is one of the few Maine personal injury firms that actually take cases to trial. When insurance companies know your attorney will go to court, they negotiate very differently.
What Happens When You Handle a Claim Without a Personal Injury Lawyer
There is no law preventing you from handling your own personal injury claim in Maine. Some people do, and some of them get reasonable outcomes, usually in cases involving minor injuries and clear liability.
But here is the reality for more serious cases:
- You are negotiating against experienced insurance professionals whose job is to minimize what they pay you
- You likely do not have access to the accident reconstruction experts, medical specialists, or legal research that a law firm does
- If you say the wrong thing during the claims process, it can be used to reduce or deny your claim
- If you accept a settlement, you sign a release that permanently ends your right to pursue further compensation — even if your injuries turn out to be more serious than you initially realized
An injury that seems minor can evolve significantly. A shoulder that feels tweaked can require multiple surgeries and a replacement two years later. A fractured wrist can lead to seven operations. Settling quickly, without the guidance of an experienced Maine attorney, can leave you responsible for costs that should have been covered.
One of the biggest problem areas for self-represented people
When people settle a case without a lawyer, they often overlook a critical piece: “Who will pay the bills?” People often assume that a settlement offer does not include unpaid medical bills. It almost always does. A ten-thousand-dollar settlement might seem reasonable if you actually get that, but if there are $8,000 in unpaid medical bills that are your responsibility, things are very different.
Attorneys also handle liens and subrogations for clients. Government health insurances (Medicaid/MaineCare and Medicare) have a legal right to be repaid for medical expenses that they paid on a client’s behalf. This is called a “lien.” Insurance companies will negotiate a settlement with a self-represented person without disclosing that there is a lien that must be repaid.
Private health insurance companies may also have a contractual/legal right to be repaid from any settlement with an insurance company. Having a competent attorney protects you from owing your health insurance company or the Government!
Frequently Asked Questions
What does a contingency fee actually mean for my case?
It means you do not pay your attorney unless they recover money for you. The fee is a percentage of your total recovery, agreed to in writing at the start of the representation. You should always understand the exact percentage before signing any agreement.
What if my case seems small? Is it worth hiring a lawyer?
That depends on the nature and trajectory of your injuries, not just where they stand today. Many cases that appear modest at the outset become significant cases once the full extent of the injuries is known. Hardy, Wolf & Downing handles cases that other Maine firms decline for business reasons — including cases under $50,000 — because we believe every injured person deserves proper representation.
Can the insurance company record what I say and use it against me?
Yes. Anything you say to an insurance adjuster can be used to minimize or deny your claim. You are not required to give a recorded statement to the other party’s insurance company, and you should speak with an attorney before doing so.
What if I were partially at fault for the accident?
Maine follows a modified comparative negligence rule. You can still recover compensation as long as your share of fault is less than 50 percent. However, your recovery is reduced by the degree of your fault. An attorney can help you understand how fault is likely to be assessed in your specific situation.
How long do I have to file a personal injury lawsuit in Maine?
Generally, six years from the date of the injury under Maine Title 14, §752. If a government entity is involved, a formal written notice of claim is required within 365 days of the injury. There are shorter time limitations in a wrongful death action, a matter involving the service of alcohol, and several other specific types of cases. Do not wait unnecessarily; evidence fades, and witnesses become harder to locate over time.
Key Takeaways
- Insurance adjusters tell unrepresented claimants they will get less with a lawyer because it benefits the insurance company, not you.
- Personal injury attorneys in Maine work on contingency; you pay nothing unless they recover for you.
- Represented claimants in Maine routinely recover multiples of what unrepresented claimants are offered.
- Trial-ready firms like Hardy, Wolf & Downing negotiate from a fundamentally different position than claimants going it alone.
- Maine’s six-year statute of limitations gives you time to make an informed decision, but acting sooner is almost always better for your case.
If you were injured in Maine and an insurance company has already been in contact with you, it costs nothing to get a second opinion from an experienced Maine personal injury attorney. Hardy, Wolf & Downing offers free consultations at our offices in Portland and Lewiston. There is no obligation, and no fee unless we recover for you.
