Types of Cases Berman & Simmons Can Help You With in Lewiston, ME
Many types of accidents fall under the umbrella of personal injury law. While there are many similarities in how these cases are handled, they each have very distinct qualities that require unique legal considerations. The attorneys at Berman & Simmons possess the extensive experience and legal knowledge needed to resolve these cases. When you need to hire a lawyer, we can help you with the personal injury cases below, among others.
During the most recent report by the National Highway Traffic Safety Administration (NHTSA), there were 42,514 vehicle accident fatalities and 2.38 million injuries in the U.S. Additionally, Maine experienced a 19% increase in traffic fatalities in one year. The state also saw an increase in alcohol impaired driving and fatalities. If you have been a victim of such a crash, then our team can represent you in the following cases involving vehicles:
- Car accidents
- Truck accidents
- Rideshare accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Recreational vehicle accidents
- Boat accidents
Motorists often take the full impact of a collision with a large truck since they are considerably smaller than a tractor-trailer. Trucks are large, carry heavy loads, and are unable to stop or maneuver quickly, so they need extra time and space. Some common factors in truck accidents include driver error, poor training, faulty equipment, unreasonable company expectations, and alcohol or drug impairment.
Given the factors above, more than one party can be at fault for a truck accident. It takes a skilled lawyer to investigate the accident and the layers of liability to resolve a truck accident case. Drivers, truck companies, manufacturers, mechanics, and cargo loaders could be at fault, and your lawyer will help you hold the right party accountable and receive a fair outcome.
In most cases, a victim of a negligent accident can file a personal injury claim to recover compensation for their losses. However, if the victim is wrongfully killed, Maine law allows surviving family members or the deceased’s representative to recover damages on behalf of the decedent through a wrongful death lawsuit. The purpose of compensation in a wrongful death suit is to resolve the decedent’s final expenses and provide for the decedent’s heirs.
Wrongful death cases can be complex and may require additional documentation and evidence to resolve the case. The compassionate team at Berman & Simmons helps you gather what you need and handles the logistics of your case so you can focus on grieving the loss of your loved one. We submit all applicable paperwork, investigate the case, and fight to secure the compensation you need.
When an individual suffers a traumatic brain injury (TBI), the brain may be damaged by force or penetrating objects. These injuries can cause the brain to swell, bleed, or suffer tissue tears. Diffuse axonal injury, concussions, hematomas, contusions, skull fractures, and other conditions can result in physical, cognitive, behavioral, and psychological conditions. Brain injuries require extensive care and rehabilitation, and may still leave individuals with permanent effects.
Falls, vehicle crashes, explosions, violence, and blunt force trauma are the most common causes of TBIs. When these accidents occur because of another party’s negligence, you or a loved one can recover the cost of your medical bills and suffering through a personal injury claim. Berman & Simmons understands this is a vulnerable time, and we will protect your rights and ensure you are not treated unfairly.
According to Maine’s dram shop and social host liability laws, servers can be held liable if they serve a minor or an individual who is clearly intoxicated. Since the server is on the front lines of alcohol service, they are expected to make appropriate decisions that are in alignment with the state’s liquor laws. When a server fails to refuse service to these two groups of people, the server puts them and other individuals in danger.
If injury or property damage occurs because a minor or intoxicated person was served, accident victims can hold the driver and server responsible. For example, if you were hit by a drunk driver, you could sue the driver as well as the server who kept pouring drinks long after the individual should have been cut off. An experienced lawyer can help you take the right steps to hold all applicable parties accountable for their actions.
Dogs are man’s best friend, but are capable of causing severe injuries when they bite people. Dogs are capable of causing deep, penetrating injuries, as well as transferring diseases like rabies to humans. Dog bite injuries are also prone to elevated risks of infection, which may cause additional damage.
Owners are responsible for dog bite injuries, whether or not their dog has any history of biting or aggression. It is an owner’s duty to control and properly restrain their dog, so they can be held liable if their negligence contributes to a dog bite. Depending on the situation, some exceptions may apply, so it is important to talk with a lawyer right away if you have been bitten by a dog.
Falls are a common source of injury and death in the workplace, in public, and in the home. These accidents can occur when surfaces are slippery, poorly maintained, and cluttered with potential hazards. Even machinery like escalators can be responsible for fall accidents if they are not properly serviced.
Employers and property owners are common parties who can be held liable for not taking sufficient steps to ensure a safe environment for workers, guests, and landlords. Depending on where the accident occurs, you may have different legal actions available to you. Consulting with a lawyer can ensure that your case is properly handled.
Products are designed to make our lives easier, but dangerous and defective products can cause significant injury to consumers. Products can have defects in the design itself or arise during the manufacturing process. Insufficient labeling or failing to warn about a product’s potential dangers can also classify them as defective.
These product errors can put the public at significant risk and even contribute to a loss of life. Consumers who have been unexpectedly hurt by a defective product can seek restitution for their medical expenses and other losses. However, determining that a defective product was responsible for an accident may take some investigation, so it is in your best interest to hire an experienced lawyer to guide you through the process.
Shootings, like the Lewiston mass shooting that tragically took the lives of 18 people in 2023, cause widespread injury and harm. These events are unpredictable and threaten public safety. Victims and families are left to deal with the fallout through exorbitant medical bills, decreased quality of life, PTSD, and even funeral and burial expenses.
Berman & Simmons can help survivors and family members get justice after mass violence. We aggressively pursue the individual responsible for your losses so you do not have to suffer any more than you already have. If eligible, we can help you recover compensation through the Maine Crime Victims’ Compensation Program as well.
Serious or catastrophic injuries can have a lasting impact and cause irreparable harm. These types of injuries generally result in extraordinarily high medical expenses and may require continual and ongoing care. Individuals may suffer reduced functions and a lower capacity than they did prior to the accident. Given the seriousness of these injuries, it is essential to try to recover compensation for your medical expenses so you do not have to cover them yourself.
Our team can assess the extent of your medical expenses and other required care to determine what a fair settlement or verdict would be in your case. We are skilled negotiators who can secure generous settlements for our clients when they have lost so much at the hands of someone else.
A Personal Injury Attorney in Lewiston Establishes the At-Fault Party’s Liability in Your Case
In any personal injury case, a party’s liability must be determined and established in order to resolve a claim. This is done by looking at the acts of negligence a party engaged in to cause harm to others. As such, the standard of negligence is a legal requirement that must be satisfied in a case. An attorney will use evidence to build a case that fulfills each of the four elements of liability:
- Duty of care: The at-fault party had an obligation to act with reasonable safety and prevent harm from coming to those around them.
- Breach of duty: The at-fault party violated their responsibility to safety by acting in a way that conflicted with what was expected of them.
- Causation: The connection between the at-fault party’s actions and the injuries you suffered in an accident.
- Damages: The liable party is responsible for the damage they caused and must provide compensation to the injured party to cover their losses and suffering.
To ensure all four elements are met and have a strong case, it is important to collect as much evidence as possible. This may include photos and videos taken at the scene, police reports, medical records and bills, damage repair estimates, statements from witnesses and family members, and more. Your lawyer can also secure expert testimonies, surveillance videos, and reconstructionists as needed to provide additional support in your case.
How Partial Fault is Handled in a Personal Injury Lawsuit in Androscoggin County
While another party’s negligence is generally the cause of your injuries, there may be times when you may have contributed to the accident as well. In these situations, you may still be able to recover compensation under Maine’s modified comparative negligence law. This states that those who are less than 50% at fault may receive compensation reduced by their fault percentage, while those over 50% at fault are barred from receiving damages entirely.
It is important to talk with a lawyer right away after an accident to see what your options are. They can also help ensure that you do not absorb undue fault, and will work to minimize your liability so you do not miss out on valuable financial relief.
Work With an Experienced Lawyer to Recover Compensation for Your Losses
Regardless of what type of personal injury accident you may have suffered, you likely have the right to pursue compensation. Compensation is designed to cover your various expenses and help you regain stability in your life. A personal injury lawyer in Androscoggin County can help you secure the following types of losses as applicable to your situation:
- Cost of medical care, including rehabilitation, therapy, equipment, and medications
- Disability accommodations for home and vehicle
- Funeral and burial expenses
- Lost income from being unable to work during recovery
- Lost earning capacity
- Damage to property or personal belongings
- Pain and suffering
- Loss of enjoyment
- Emotional and psychological anguish
- Inability to enjoy previous activities
- Loss of consortium and/or companionship
- Loss of services or inheritance
Berman & Simmons will help you calculate your individual losses and determine how much your case is worth. The value of settlements can vary widely from case to case, so it is important to work closely with your lawyer to secure the most favorable outcome. They know how to communicate with various parties, so your rights are protected and your case is optimized.
Some Types of Cases Cap Compensation Recovery
In general, personal injury lawsuits in Maine are not subject to limits on how much compensation you can recover. However, there are two types of cases in particular that cap damages. First, wrongful death and medical malpractice damage caps prevent a victim from recovering more than $1,000,000 for pain and suffering and $500,000 in punitive damages. For government entity damage caps, no more than $400,000 can be recovered.
Personal Injury Lawsuits are Subject to Varying Statutes of Limitations
All personal injury cases are subject to statutes of limitations. What this means is that you have a limited amount of time allotted to take action against the party responsible for your injuries. Any attempt to take action after this time expires will be prohibited, and you will not be able to recover compensation. The accrual of time generally begins the moment the accident occurs or the injury is discovered. Different cases are subject to different statutes of limitations:
- Personal injury cases: 6 years
- Medical malpractice cases: 3 years
- Claims involving government entities: 2 years
While these periods of time seem generous, they can go by rapidly. It is important to hire an attorney without delay, so there is sufficient time to build your case, submit your claim, and negotiate a settlement or go to trial. Evidence and memories of events can degrade with time, so the sooner you take action, the better the outcome of your case.
Susan A. Faunce Attorney, Shareholder
