What is the statute of limitations on a car accident in Maine?

In Maine, the statute of limitations for filing a personal injury lawsuit after a car accident is six years from the accident date. You have six years to initiate legal proceedings against the responsible party for any injuries or damages you sustained in the car accident. If you fail to file a lawsuit within this time frame, you may lose your right to pursue compensation.

Economic vs. Non-Economic Damages

In Maine, individuals involved in car accidents may be eligible for compensation covering economic and non-economic damages. These damages provide financial relief and help victims recover from the consequences of the accident.

Medical Bills

Compensation for past and future medical expenses incurred, including emergency care, hospitalization, surgeries, medications, and ongoing treatments like physical therapy or rehabilitation.

Disability Accommodations

When your serious injuries requires specialized equipment or home modifications for you or your loved one to function, you can recover the costs of those disability accommodations. These may include things like an electric wheelchair, accessible shower modifications, a ramp into your home, or a lift chair for your stairs.

Lost Wages

Reimbursement for lost income due to the inability to work while recovering from injuries sustained in the accident. This may also encompass future lost wages if the victim cannot return to their previous employment or experiences a reduced earning capacity.

Caretaker Expenses

When the victim of a crash requires help around the house, these costs can be sought through your lawsuit. This may include the cost of medical aides, personal care services, or the expense of hiring others to handle home maintenance or household services.

Economic Damages

Economic damages represent quantifiable losses resulting from the car accident. These tangible expenses can be calculated with relative ease and include the following:

• Medical Bills: Compensation for expenses incurred from the car accident, including emergency care, hospitalization, surgeries, medications, and ongoing treatments like physical therapy or rehabilitation.
• Lost Wages: Reimbursement for lost income due to the inability to work while recovering from injuries sustained in the accident. This may also encompass future lost wages if the victim cannot return to their previous employment or experiences a reduced earning capacity.
• Property Damage: Financial compensation for damage to the victim’s vehicle or other personal property resulting from the car accident. This may include repair or replacement costs, depending on the extent of the damage.

Non-Economic Damages

Non-economic damages refer to intangible losses experienced by car accident victims that are more challenging to quantify. These damages account for the emotional and psychological consequences of the accident, including:

• Pain and Suffering: Compensation for the physical pain and discomfort experienced by the victim due to their injuries. This may include ongoing pain and chronic conditions that persist after the accident.
• Emotional Distress: Financial compensation for the emotional turmoil and psychological impact caused by the car accident, such as anxiety, depression, sleep disturbances, or post-traumatic stress disorder (PTSD).
• Loss of Enjoyment of Life: Reimbursement for the diminished capacity to enjoy life’s pleasures due to the injuries sustained in the accident. This can encompass the inability to participate in hobbies, social activities, or other aspects of life that previously brought joy and fulfillment.

Loss of Consortium: Compensation for the adverse effects of the accident on the victim’s relationship with their spouse or partner, including the loss of companionship, emotional support, and intimacy.

Compensation for the Full Scope of Your Losses

At Berman & Simmons, our vehicle accident lawyers understand that the most significant impacts following a crash are often ones that don't carry a dollar sign. Our attorneys have the skill and experience to build a case that seeks compensation for the full scope of what you been through, including the intangible losses experienced by car accident victims that are more challenging to quantify. These damages account for the emotional and psychological consequences of the accident, including the victim's pain and suffering, emotional distress, and loss of enjoyment of life. We also seek recovery for spouses who have suffered a second-hand injury (know as a "loss of consortium") due to their husband or wife's incapacitation following the crash.

How Do We Handle Vehicle Accident Cases?

When you contact Berman & Simmons about a vehicle crash case, we will carefully listen to what happened and how you were injured.  If you have any photos of the crash or your injuries, we will help you send these to us to review.  If a formal police report is available for your crash, we will obtain a copy to review.

When you are represented by Berman & Simmons, we will help you navigate the insurance process.  As soon as we represent you,  we contact the insurance companies of everyone involved in the crash in order to pinpoint how much insurance coverage is available for your injuries.  In many situations, we are able to find additional sources of insurance coverage that go beyond what the at-fault driver has through their own insurance.  We also negotiate with your own insurance company to make sure you are receiving the maximum benefits under your own policy.

Berman & Simmons is used to handling cases where the at-fault driver does not carry enough insurance to cover the serious injuries that you sustained in a collision.  In Maine, state law only requires that drivers carry the following minimum amounts of liability insurance coverage:

• $50,000 for bodily injury or death of one person in an accident
• $100,000 for bodily injury or death of multiple people in an accident

When the driver who caused the crash carried only these limits, we look for other sources of insurance coverage.  These include excess or “umbrella” insurance policies, as well as uninsured/underinsured motorist coverage that may protect you through your own auto policy.  

We also explore whether any other person or company is legally responsible for the at-fault driver, such as an employer.

What to Expect from the Claims Process

The claims process for a car accident in Maine can be difficult and time-consuming. Nevertheless, with the assistance of skilled Maine car accident attorneys, you can effectively navigate the process and pursue fair compensation. Here are some crucial steps to anticipate during the claims process:

• Report the Accident Promptly: Notify your insurance company about the accident immediately. Doing so allows the insurer to investigate the claim and helps you comply with any reporting deadlines specified in your policy.
• Gather Supporting Evidence: Collect vital evidence to substantiate your claims, such as police reports, witness statements, photographs of the accident scene, and medical records documenting your injuries. This information will be crucial in building a strong compensation case.
• Consult an Experienced Personal Injury Lawyer: Retaining a knowledgeable personal injury attorney can greatly improve your chances of securing a favorable outcome. Your car accident lawyer will guide you through the claims process, advise you on your legal options, and represent your interests in negotiations and court proceedings.
• Negotiate a Settlement: Your attorney will work to negotiate a fair settlement with the other driver’s insurance company. This may involve presenting evidence, countering settlement offers, and advocating for an amount that adequately covers your damages and injuries.
• Filing a Lawsuit and Preparing for Trial: If a settlement cannot be reached, your lawyer will file a lawsuit and begin preparing for trial. This process may include conducting further investigations, gathering additional evidence, and developing a compelling legal strategy.
• Attend Mediation or Settlement Conferences: The court may order you to participate in mediation or settlement conferences to attempt to resolve the case before trial. These sessions involve negotiating with the other party under the guidance of a neutral third party or the court to reach an agreeable resolution.
• Present Your Case at Trial: If the case proceeds, your lawyer will present evidence and arguments to the judge or jury on your behalf. This may involve calling witnesses, submitting exhibits, and delivering persuasive opening and closing statements.
• Await the Verdict and Consider Appeals: After both sides have presented their cases, the judge or jury will render a verdict. If you are dissatisfied with the outcome, discuss the possibility of filing an appeal with your attorney.

By understanding the critical steps involved in the car accident claims process in Maine, you can confidently approach the situation and work towards obtaining the compensation you deserve. Collaborating with experienced car accident lawyers is invaluable in navigating this complex process and protecting your rights.

How Long After an Accident Can You File a Claim in Maine?

While Maine law does not specifically dictate a deadline for filing an insurance claim after a car accident, it is generally advisable to file a claim as soon as possible. Many insurance policies contain clauses that require you to report accidents promptly, often within a few days of the incident. If you are involved in a car accident in Maine, it is essential to act quickly on your personal injury claim.

Filing a claim quickly allows the insurance company to investigate the accident and helps you comply with any reporting deadlines specified in your policy. Delaying the reporting of an accident may lead to complications with your claim or even result in the insurance company denying coverage.

How a Lawyer Can Help?

• Case Evaluation and Legal Advice: An attorney assesses your claim’s strength, explains relevant laws, your rights, and potential case outcomes, helping you determine the best course of action.
• Gathering Evidence: Your lawyer collects police reports, witness statements, photos, and medical records, and consults experts like accident reconstructionists or medical specialists to strengthen your case.
• Managing Communications and Negotiations: An attorney handles all insurance company communications, negotiates fair settlements, and advocates for compensation based on evidence and the extent of your damages.
• Filing a Lawsuit and Preparing for Trial: If negotiations fail, your attorney files a lawsuit, conducts investigations, builds a strategy, and prepares evidence and witnesses for trial presentation.
• Representation in Court: Your lawyer represents you during court appearances, mediation sessions, and trials, presenting evidence persuasively to achieve the best possible result.
• Post-Trial Matters and Appeals: If needed, your attorney advises on appealing unfavorable outcomes and represents you through the appellate process to resolve legal issues effectively.

What Is the Maine Law for Reporting Accidents?

In Maine, state law requires drivers to report car accidents under certain circumstances. According to Title 29-A, Section 2251 of the Maine Revised Statutes, drivers must report a car accident if any of the following conditions apply:

• Personal injury: If the accident injures any person, the driver must report the accident immediately.
• Death: If the accident resulted in the death of any person, the driver must report the accident immediately.
• Property damage: If the accident resulted in property damage totaling $1,000 or more, the driver must report the accident within 72 hours (3 days) of the incident.

The report should be filed with the local police department, county sheriff’s office, or the nearest state police office. The accident report typically includes details about the drivers involved, the vehicles, the location and time of the accident, a description of the incident, and any injuries or property damage.

How Long After an Accident Can You File a Claim in Maine?

While Maine law does not specifically dictate a deadline for filing an insurance claim after a car accident, it is generally advisable to file a claim as soon as possible. Many insurance policies contain clauses that require you to report accidents promptly, often within a few days of the incident. If you are involved in a car accident in Maine, it is essential to act quickly on your personal injury claim 

Filing a claim quickly allows the insurance company to investigate the accident and helps you comply with any reporting deadlines specified in your policy. Delaying the reporting of an accident may lead to complications with your claim or even result in the insurance company denying coverage.

How a Lawyer Can Help

If you find yourself involved in a car accident in Maine, it is crucial to seek the counsel of experienced Maine car accident lawyers. An attorney specializing in car accident cases can help you navigate the complex legal process, protect your rights, and advocate for the compensation you deserve for your injuries and damages. Here are some key ways a skilled personal injury attorney can assist you:

• Case Evaluation and Legal Advice: An experienced attorney can evaluate your case to determine the strength of your claim and advise you on the best course of action. They can help you understand the applicable laws, your rights, and the potential outcomes of your case.
• Gathering Evidence: A skilled Maine car accident lawyer will assist you in collecting vital evidence to support your claims, such as police reports, witness statements, photographs of the accident scene, and medical records. They may also consult accident reconstruction, medical care, or economics experts to strengthen your case.
• Managing Communications and Negotiations: Dealing with insurance companies can be challenging, but a knowledgeable attorney can manage all communications, ensuring your rights are protected. They will work diligently to negotiate a fair settlement with the insurance company, advocating for the compensation you deserve based on the evidence and the extent of your damages.
• Filing a Lawsuit and Preparing for Trial: If a settlement cannot be reached, your Maine car accident attorney will file a lawsuit and begin preparing for trial. They will develop a compelling legal strategy, conduct additional investigations if necessary, and prepare for all aspects of the trial, including the presentation of evidence and witness examination.
• Representation in Court: Your attorney will represent you throughout the legal process, including court appearances, mediation sessions, and the trial. They will present your case effectively and persuasively to secure the best possible outcome.

Post-Trial Matters and Appeals: If the trial’s outcome is not favorable or there are legal issues that warrant an appeal, your attorney can advise you on the feasibility of pursuing an appeal and represent you throughout the appellate process.

The Importance of Legal Representation in Vehicle Accident Cases

Navigating the legal landscape following a vehicle accident can be daunting, especially when dealing with insurance companies and the complexities of personal injury law. Having skilled legal representation is crucial to ensure you receive the compensation you deserve. At Berman & Simmons, our experienced attorneys are dedicated to advocating for your rights and guiding you through every step of the process.

Here’s why having a dedicated lawyer is essential:

• Expert Legal Advice: Our attorneys are well-versed in Maine's laws and regulations relating to vehicle accidents, allowing us to provide informed guidance tailored to your specific situation.
• Thorough Investigation: We conduct a comprehensive investigation into the accident to gather the necessary evidence, including police reports, witness statements, and medical records, to support your claim.
• Negotiation Skills: Dealing with insurance companies can be challenging. Our team is skilled in negotiation and will advocate fiercely on your behalf to ensure you receive a fair settlement.
• Litigation Experience: If a fair settlement cannot be reached, our lawyers are prepared to take your case to court, fighting aggressively for your rights before a judge and jury.
• Peace of Mind: With our legal team handling your case, you can focus on your recovery knowing that your interests are being protected by knowledgeable professionals.

Don’t face the aftermath of a vehicle accident alone. Contact Berman & Simmons today to schedule a consultation and discuss how we can assist you in your pursuit of justice.

Why Choose Berman & Simmons for Your Vehicle Accident Case?

When it comes to navigating the complexities of vehicle accident claims, having the right legal team on your side can make all the difference. At Berman & Simmons, our seasoned attorneys are not just skilled negotiators; we are passionate advocates for justice. Our commitment to our clients goes beyond just obtaining compensation; we strive to ensure that every injured individual receives the care and support they deserve during their recovery process.

Here are a few reasons why we stand out as the preferred choice for vehicle accident legal representation in Portland, ME:

• Proven Track Record: Our firm has successfully handled numerous vehicle accident cases, securing substantial settlements and verdicts for our clients.
• Client-Centered Approach: We prioritize your needs, listening to your concerns and tailoring our strategies to achieve your unique goals.
• Comprehensive Legal Support: From initial consultation to court representation, we provide ongoing guidance and support at every step of the legal process.
• Contingency Fee Basis: You don’t pay unless we win your case, allowing you to pursue justice without financial risk.

Let us help you navigate this challenging time. Your recovery and peace of mind are our top priorities, and our team is dedicated to fighting for your rights every step of the way.

Contact Berman & Simmons for Maine Car Accident Lawyers

Hiring Maine car accident lawyers from Berman & Simmons after a car accident is essential to navigating the complexities of the legal process and safeguarding your rights. Our skilled attorneys can provide valuable advice, gather and present evidence, negotiate with insurance companies, and represent you in court, increasing your chances of obtaining fair compensation. Contact us today to learn how we can help you win your case.

Related Practice Areas

Vehicle accidents often intersect with other personal injury claims, including catastrophic injuries, wrongful death, traumatic brain injuries, spinal cord injuries, and emotional distress. At Berman & Simmons, we are dedicated to holding negligent parties accountable and securing full compensation for the physical, emotional, and financial losses suffered by victims.