Your Burn Injury Lawyer in Portland, ME

Maine Medical Malpractice Lawyers Handling Burn Injury Cases

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Portland Burn Injury Lawyers Fighting for the Justice and Compensation You Deserve

You suffer a severe burn due to no fault of your own. The costs to treat your injury can be significant. On top of these, you may have to miss work because you are physically unable to handle your job responsibilities. At this point, request legal help. A burn injury lawyer in Portland, ME can help you hold any liable parties accountable for your losses. 

Berman & Simmons gives you the power and voice to move forward after a serious injury. We have more than 100 years of combined legal experience and will use what we know to assist you with your case. Give our Portland personal injury lawyers the opportunity to help you get the justice you deserve. Contact us today to get started.

When You Can File a Burn Injury Claim

The Maine Revised Statutes (M.R.S.) define how much time you have to sue a liable party based on a personal injury. According to 14 M.R.S. § 752, you may have six years from the date you suffer a burn injury to request damages from any at-fault parties. The time frame in which you are allowed to ask for compensation may not be extended. If you decide not to pursue damages during this period, you may be solely responsible for your injury-related losses. If you are unsure about filing a claim, meet with burn injury lawyers. You can explain what happened and what led to your injury. Next, your attorney can determine if you have a legitimate case. If so, they can submit your claim before you run out of time to do so.

Choosing the Right Burn Injury Lawyer

A burn injury law firm in Portland, ME can provide critical information about your specific case. Every personal injury claim is unique, and the attorney you choose to represent you can significantly impact the outcome of your case. Experience, dedication, and understanding are key qualities to look for as you evaluate your legal options.

Types of Burn Injury Lawsuits

Burn injury attorneys offer support across a wide range of cases. Depending on the circumstances of your injury, here are some of the types of lawsuits they commonly handle:

  • Workplace burn injuries
  • Residential and apartment fires
  • Defective product burns
  • Electrical burns
  • Chemical burns
  • Motor vehicle accident-related burns

Car Accident

You are involved in a car crash in which the other driver is liable. During the collision, you suffer burn injuries that may impact you for the rest of your life. In this scenario, partner with a burn injury attorney who has auto crash case experience.

With help from Portland car accident lawyers, you can request compensation through an insurance claim or injury lawsuit. Your attorney can explain both options in detail.

In terms of insurance required by law in Maine, drivers must have coverage. If you drive a car and are a state resident, you must have at-fault insurance. Following an auto collision in which you experience burns, your Portland burn injury lawyer could help you get compensation from a liable motorist.

You can notify your insurance company about your accident. The business can connect with the other driver’s insurer. Together, the companies can figure out who is responsible for your crash.

Ideally, the insurance providers find the other motorist is responsible for your collision. This may allow you to secure compensation you can use to pay your medical bills and cover other accident-related losses.

Unfortunately, a liable motorist’s insurance carrier may put their client’s best interests above yours. The business may try to blame you for your crash or offer a lowball settlement. Thankfully, a lawyer can assist you in either of these scenarios.

Your attorney can provide details about how an insurance company can pay your medical bills and other things related to your auto collision. They can negotiate with an at-fault party’s insurer for you. If no settlement is reached, your lawyer can submit a lawsuit and bring your case to trial.

Motorcycle Accident

You ride your motorcycle and wear protective gear every time you do. Regardless, a motorist can crash into you while you are traveling on your motorcycle. The collision could result in burn injuries and others.

After motorcycle accidents, getting legal representation is key. A lawyer can help you calculate your medical bills and other expenses you face due to your burn injuries and other harm you suffered during your motorcycle crash. They can prepare an argument designed to prove to a judge or jury that you should receive compensation for your losses.

Truck Accident

If you get into a truck accident, you may feel overwhelmed. You could be dealing with burns and other health issues that linger. As you treat your injuries, keep track of your medical expenses. You may include these costs in your request for damages from a truck driver or their employer.

Truckers are required to follow hours of service (HOS) regulations and other state and federal laws. If a truck driver does not comply with various requirements, this individual or their employer can be liable for an accident in which you incur burns or other harm.

Uber or Lyft Rideshare Accident

You book a rideshare and expect a pleasant experience. In one of the worst-case scenarios, the Uber or Lyft driver causes an accident that results in burns or other injuries.

Or, you are driving your car when a rideshare driver crashes their vehicle into yours. An explosion occurs, and you are burned.

After these situations and similar ones, it may be best to ask Uber and Lyft rideshare accident lawyers for assistance. Your attorney will get the facts about your collision. They can determine if a rideshare driver or their employer is accountable and help you pursue damages from any liable parties.

Boat Accident

You are traveling on your boat when someone in a nearby vessel causes an accident. The incident results in an explosion in which your boat is destroyed, and you suffer burns and other injuries.

In this situation, discuss your case with boat accident lawyers. Your attorney can help you collect a body of proof to support your damages request. They could help you get reasonable compensation for your medical bills and other quantifiable and subjective losses.

Defective Product

You purchase a product with the expectation that it will work properly. Yet, a defective product can cause big problems. A faulty product could explode or lead to a fire, and you may get burned as a result.

If you bought a product that ultimately harmed you, take legal action against the manufacturer or seller. A lawyer who knows the ins and outs of product defect cases can assist. They can develop an argument designed to compel a judge or jury to award maximum damages.

Just because you file a lawsuit for any of these reasons does not guarantee you will recover damages. Your lawyer will consider evidence to highlight the severity of your burn injuries. They will do everything within their power to put you in a strong position to achieve your desired case result.

Damages You Could Receive in Your Burn Injury Case

A judge or jury may offer economic and non-economic damages. What you get for compensation depends on your case. Your lawyer may share client stories and explain the steps they have taken in the past to help their clients secure compensation. They may encourage you to ask for damages for many reasons, such as:

  • Medical expenses
  • Loss of income
  • Pain and suffering
  • Loss of enjoyment

The defendant in your case may contest your argument in the hopes that they will not have to cover your burn injury-related losses. Alternatively, you may have a wide range of evidence to help you prove that your case is valid. Your proof may force the defendant to rethink their legal strategy and convince them to offer a fair settlement.

How to Request Damages Based on a Fatal Burn Injury

You may not want to think about how you will respond if a family member suffers a fatal burn injury due to another party’s negligence. It may be difficult to cope with your loved one’s loss. You and your surviving family member may face a daunting emotional toll and may struggle to figure out how you will stay afloat financially.

There are laws in place that allow the families of burn injury victims to seek damages from liable parties. A wrongful death lawyer can explain these regulations. They will approach your case with compassion and empathy. Your attorney can address your legal concerns and questions and let you know if they believe a death claim is warranted.

Per 18-C M.R.S. § 2-807, the period in which you are allowed to file a wrongful death claim is three years in all situations other than homicideranges from three to six years. You may be able to submit this type of claim if you are a parent, sibling, child, or spouse of a deceased person (decedent). A decedent’s personal representative may also meet eligibility requirements.

Submitting a death claim can help you pursue justice and damages simultaneously. Your lawyer will advocate for you and your family. They will provide updates regarding your litigation and inform you if the defendant proposes to settle. Meanwhile, you and your loved ones can continue to care for and support one another as you cope with the loss of your family member.

Evidence You Can Use in Your Case

Saying you should receive damages is not enough to convince a judge or jury to rule in your favor. Your evidence plays an important role in the court’s decision-making process. Proof that could help you win or settle your burn injury case includes:

  • Accident scene photos and videos
  • Medical records
  • Witness statements
  • Police reports

Expect the defendant in your case to collect evidence to use against you. With your lawyer’s help, you can use your proof to raise doubts about the defendant’s argument. If you and your attorney are successful, the court may have no qualms about providing the damages you want.

How Negligence Relates to Your Case

As your lawyer looks at how to increase your settlement value and win your case, they will account for negligence. It is your responsibility to meet the burden of proof to show the court that a liable party was negligent. To satisfy the court’s requirements, your attorney will focus on proving that the following elements of negligence were present when you got hurt:

  • Duty of Care: It was reasonable to expect a party to comply with laws and do things to keep you and others safe.
  • Breach of Duty of Care: The party chose to act carelessly and recklessly and put you and others at risk.
  • Causation: Because the party acted in the way they did, you were injured.
  • Damages: The party’s actions have left you with economic or non-economic losses.

If your attorney can prove negligence, the defendant in your case has concerns about the strength of your argument. These concerns may help you obtain a reasonable settlement. If you approve this offer, you can resolve your case without having to go to trial.

What to Do If the Defendant in Your Case Blames You for Your Burn Injury

With M.R.S. Title 14, §156, you can be found partly responsible for a burn injury. If this happens, a judge or jury may reduce your damages by your percentage of fault.

For example, a judge or jury says you are 20% to blame for your injury. The defendant in your case may be ordered to pay 80% of your damages. You are responsible for covering the remainder of your losses.

If you are primarily liable for your injury, you may be ineligible to receive damages. This is due to the fact that the court considers you more to blame for your injury than the defendant.

Your lawyer will explore ways to prove you are in no way responsible for your injury. They will work diligently to strengthen your case in any way they can. Your lawyer can advise you throughout your legal proceedings and help you avoid mistakes that could compromise your chances of recovering full damages.

Tips to Help You with Your Burn Injury Case

The legal process can be complicated. Your lawyer can guide you every step of the way. They can provide insights into recent cases and how they have helped prior clients solve legal challenges. Plus, they can share tips to assist you with your litigation, including:

Trust Your Lawyer to Handle Communications with the Defendant and Their Insurer

There are times when a defendant or their insurer will reach out to the plaintiff in the middle of litigation. The plaintiff could be pressured to speak on the record about their case. What this individual says can be used against them.

Rather than risk saying the wrong thing, allow your attorney to speak about your case for you. If the defendant or their insurance company contacts you, tell your attorney. From here, your lawyer can follow up with either party. They will keep you updated about all case communications.

Avoid Publishing Content About Your Case on Social Media

You share updates about your burn injury recovery on Facebook, X, and other social networks. These updates allow your family members and friends to stay in the loop about your recovery. These individuals can show your support during this time.

When you post content online, it may be publicly accessible. Therefore, the defendant or their insurance company can view this content. They may look for any photos or videos that could cause a judge or jury to question your claims about how much your injury is affecting you.

If you want to update others about your injury, it may be beneficial to do so via phone and video calls, emails, and text messages. These communication methods restrict access to information about your injury. They minimize the risk that the defendant or their insurance provider can use the content you share in their case against you.

Review a Settlement Offer Carefully

Receiving a settlement offer does not automatically resolve your case. If you approve the first settlement you get, you may wind up accepting far less than what your claim is actually worth.

If the defendant or their insurer proposes a settlement, evaluate the proposal with your attorney. This can help you avoid making a rash decision. It allows you to weigh the offer’s pros and cons. If you decide a settlement is less than what you want, you can decline it and continue with your litigation.

Maintain Open and Honest Communication with Your Lawyer

Your lawyer wants to assist you with your litigation. As such, they will encourage you to come forward with any legal concerns or questions. Once you share these, your attorney can help you make informed legal decisions.

A burn injury can be problematic, and you have the right to ask for damages from anyone who harmed you. Work with a lawyer who is dedicated to your case. Your attorney can handle your legal matters while you focus on your recovery.

Hire a Burn Injury Lawyer Who Is Committed to Making Clients’ Lives Better

The Berman & Simmons team knows what it takes to obtain extraordinary personal injury case results. We have recovered over $1.45 billion in damages for our clients and will apply our legal knowledge and insights to your burn injury case. Request a free case review today.