Dan Kagan retired from Berman & Simmons in December 2024. For case inquiries, please contact us here.

Attorney Daniel Kagan was 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 connected well with clients and jurors from every walk of life. He thrived under pressure and since the start of his career at Berman & Simmons, he often took on controversial cases that play out in the public spotlight.

Dan consistently practiced law at the highest intellectual level, with no loss of his Maine roots―he was 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, which he did graciously throughout his legal career.

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

Dan 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.

Dan was a national leader as Governor of the American Association for Justice, which recognized him with its Distinguished Service Award. He also as Governor and past-president of the Maine Trial Lawyers Association.  He was a leader in legal education as well, as a contributing author for the guide to Superior Court practice in Maine on the topic of trial advocacy.

Dan spoke frequently on tort law and trial advocacy at legal education seminars and authored legal articles and commentary on a wide range of subjects, including maximizing recovery on complex cases, presentation of expert witnesses, and client communication.

Recognition & Achievements

• National Trial Lawyers Top 100
• Super Lawyers ― “Top Rated Personal Injury Attorney”
• America’s Top 100 Attorneys
• The Best Lawyers in America; “Lawyer of the Year,” 2015, 2016, 2020, 2022
• Martindale-Hubbell ― Top Rated “AV Preeminent”
• AVVO ― Rated 10.0 out of 10

Memberships & Distinctions

• Governor, American Association for Justice (AAJ) 1997–present
  • Awarded AAJ Wiedemann & Wysocki Award for service to the legal profession and access to justice
  • Awarded AAJ Distinguished Service Award for service to cause of access to civil justice
  • Member, AAJ Public Affairs, Public Education, Finance committees
• Governor, Maine Trial Lawyers Association (MTLA), 1996–present
  • President, 2009–2010