When considering whether to file a personal injury lawsuit in Maine, your first question will be, “Do I have a claim?” Naturally, your second question will be, “How much is my claim worth?” The Portland, Maine-based law offices of Hardy, Wolf & Downing can provide you with trustworthy answers. Our attorneys have been successfully representing personal injury victims, both in mediation towards settlement and as advocates at trial.
Personal Injury Claims and Losses—Types of Damages
Personal injury victims often experience countless losses, from relationships to finances to quality of life. For example, if you’ve been the victim of a car accident and suffered serious injuries, your life may never be the same again with doctors to see, bills to pay, and insurance battles to fight. You may find yourself out of a job. You may find yourself in psychotherapy or even divorce proceedings as a result of serious injuries. Sadly and tragically, it takes just one fluke accident caused by a distracted or negligent driver to send your whole world crashing down around you.
In such times, when you and your family’s survival is at stake and you know you must secure your best interests moving forward, it is important to assess your chances of receiving compensation for your injuries even before proceeding to trial. A lawsuit settlement expedites receipt of compensation due to you while saving you the headache and stress of having to try your case before a judge or jury. The Maine personal injury attorneys of Hardy, Wolf & Downing can help you reach a settlement that will put you back on a road to healing and recovery from the damage that has been done to you.
Legal settlements are based on an assessment of the damages demanded including:
- Past and future medical bills
- Loss of earnings/ability to earn a living
- Pain and suffering
- Punitive awards (when applicable)
Pain and suffering is always the most subjective standard over which parties tend to fight the most. Permanence of injury, scarring, diminished capacity, loss of enjoyment of life, and emotional distress are all considered as the parties attempt to reveal the worth of the claim.
Reaching a Personal Injury Settlement in Maine
In nearly every case, whether a car accident, workplace mishap, slip and fall, or any allegation of negligence that injures an innocent bystander, there comes a time when it is appropriate for parties to come to the negotiating table and try to expedite resolution of the matter.
Before mediation, plaintiffs establish the value of their case by asking:
- How serious or crippling is your injury? Insurance companies will downplay your injuries; our experienced lawyers will help you secure the most compensation.
- How expensive are your medical bills? Our lawyers will help you assess these expenses, including future projections.
- Who was at fault for the accident? If the other party can be shown to have been negligent and directly responsible for your injuries, they will be liable for reimbursing you more generously.
- Are you disfigured in any way from the accident? Disfigurement, in addition to embellishing your case for financial reimbursement, will play very well with a sympathetic jury.
- Are you a sympathetic plaintiff? Judges and juries are human, after all, and the emotional effect of your story will impact how they determine the outcome of your case. Knowing this, insurance companies pay more to people whom a prospective jury would like.
- How much is the other party’s insurance coverage? If you have a car accident injury worth $500,000 and the other driver has only $50,000 in coverage and no assets, but you have no other uninsured coverage or other sources, > $50,000 may be all that’s available. However, further steps in litigation may be required.
Hardy, Wolf & Downing offers free legal consultation to those with questions about the worth of their potential claim. Speak to a Maine personal injury lawyer today by calling our offices at 1-800-INJURED.
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