Daniel G. Kagan, trial lawyer and partner at Berman & Simmons
Daniel G. Kagan, trial lawyer and partner at Berman & Simmons
Daniel G. Kagan, trial lawyer and partner at Berman & Simmons

Daniel G. Kagan

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Middlebury College, 1983

Boston College Law School, 1988

Attorney Daniel Kagan is one of Maine’s leading trial lawyers, with a record of jury verdicts and settlements in complex and difficult personal injury cases. A life-long Mainer, Dan connects well with clients and jurors from every walk of life. He thrives under pressure and, since joining Berman & Simmons in 1989, has often taken on controversial cases that play out in the public spotlight.

Dan practices law consistently at the highest intellectual level, with no loss of his Maine roots―he is a proud native of Bangor. Dan’s grandfather and father founded and operated Penobscot Shoe Company, which provided employment to generations of Penobscot, Somerset, and Piscataquis county families. Dan’s upbringing taught him the value of hard work, civic engagement, and the importance of making personal connections and developing authentic relationships with people.

Dan is one of several lawyers in the firm who have achieved jury trial verdicts in excess of $1 million. His statewide practice emphasizes serious and complex wrongful death, products liability and personal injury matters. With a particular interest in mechanical and design failures, Dan has won verdicts and settlements for victims killed or injured by all types of defectively designed machines, including vehicles such as ATVs, snowmobiles, motorcycles, cars, trucks, and trucks.

Dan has represented a widow from northern Maine whose husband was killed in a Fourth of July parade; the family of a special education teacher from Berwick who was killed by a teenage driver; the family of a 17-year-old from Oakland, who died at a haunted hayride attraction; the family of a man who died of exposure when his wheelchair became stuck in snow on a wintery day; and a woman hurt when her newly-installed wheelchair lift collapsed beneath her.

“I always felt that I had a good understanding of people, and found I was drawn to helping people solve their problems,” Dan says. “That naturally translated into a career in law. I love figuring out solutions to problems, and I’m happiest when I can win and give my clients the closure they need.”

Dan is a leader in legal education. He is a contributing author for the guide to superior court practice in Maine on the topic of trial advocacy. He speaks frequently on tort law and trial advocacy at legal education seminars; and has authored several legal articles on a wide range of subjects, including maximizing recovery on complex cases, presentation of expert witnesses, and client communication.

Dan is actively involved with the Maine Trial Lawyers Association and American Association for Justice.

Memberships and Distinctions

  • Governor, Maine Trial Lawyers Association, 1996–present; President, 2009–2010
  • American Association for Justice (AAJ) 1997–present; Governor 1998–present
    • Recipient of the AAJ Wiedemann & Wysocki Award for service to the legal profession and access to justice


  • America’s Top 100 Attorneys ― Listed in Maine for Personal Injury and Wrongful Death, 2017
  • The Best Lawyers in America ― Listed for Personal Injury, Medical Malpractice, and Product Liability, 2010–present; “Lawyer of the Year,” 2015, 2016
  • Super Lawyers ― “Super Lawyer,” 2011–2014, 2017
  • Martindale-Hubbell ― Top Rated “AV Preeminent” 
  • AVVO ― Rated 10.0 out of 10               

Published Articles

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(207) 784-3576
Daniel Kagan
Attorney Daniel Kagan discusses an ATV vehicle accident case that left his client paralyzed.
Daniel Kagan
Attorney Daniel Kagan explains how his team took a car accident case to Maine's highest court and proved the insurance company wrong.
Admitted to Bars: 
  • Maine (1988)
  • Massachusetts (1988)
  • U.S. District Court, District of Maine (1998)
  • U.S. Supreme Court (1994)


  • Law Clerk, U.S. District Court, District of Maine, Honorable Gene Carter, 1988–1989


New England Super Lawyers has named ten Berman & Simmons attorneys to its 2018 directory, a Thomson Reuters publication which recognizes the top five percent of lawyers for individual excellence in their practice areas.


November 1, 2018 -- Berman & Simmons, the top ranked law firm in Maine for representation of plaintiffs in civil cases, is pleased to announce that six...

Law Articles

Daniel G. Kagan, trial lawyer and partner at Berman & Simmons

Every tort lawyer knows the simple definition of negligence: “failure to use ordinary care under the circumstances.” When presented with a new case, we are trained to look at an individual’s behavior and see where it failed to...

Daniel G. Kagan, trial lawyer and partner at Berman & Simmons

Each summer, many Maine residents and tourists are injured by negligent use of personal watercraft (PWC). Known by such names as Jet Ski, WaveRunner and Sea-Doo, PWCs are relatively inexpensive and easy to operate. PWCs pose risks to health and...

Important Cases

Augusta, Kennebec County, Maine.  Wrongful death action on behalf of decedent who froze to death after being stranded overnight in his wheelchair due to landlord's failure to clear walkway of ice and snow. Probable cause of death was...


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Berman & Simmons has the experience, expertise, and resources to win your case

Berman & Simmons is the leading personal injury and medical malpractice law firm in Maine. For more than 100 years, our trial attorneys have represented those who have been injured or harmed by the actions of others. These personal injury cases range from car and truck accidents to the most complex litigation involving defective products and malpractice by healthcare providers. We are known as the firm that will stand up and fight for injured Mainers in disputes against big corporations and powerful interests.