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
- Identifying System Failures and Organized Chaos, IN BRIEF (Berman & Simmons, Lewiston, Me.), Winter, 2017
- Personal Watercraft Injury - Is There a Case?, IN BRIEF (Berman & Simmons, Lewiston, Me.), Summer 2013
- New Brain Injury Science Helps Clients, IN BRIEF (Berman & Simmons, Lewiston, Me.), Summer 2012
- Chronic Pain Case, IN BRIEF (Berman & Simmons, Lewiston, Me.), Fall 2011
- Before Embarking on the Rollercoaster of Amusement Park Litigation, Know What the Ride Has in Store, IN BRIEF (Berman & Simmons, Lewiston, Me.), Fall 2009
- Recreational Vehicle Negligence: Developing the Snowmobile Case, IN BRIEF (Berman & Simmons, Lewiston, Me.), 2008
- Defense Biomechanical Expert
- Odometer Tampering
- Mayhem on the Midway: Winning the Amusement Park Liability Case
- Pharmaceutical Manufacturer Liability Law
- School Safety - How Safe are our Schools