After a serious accident in Maine, you may be concerned about how you will pay your bills and take time off work to recover. The Maine personal injury lawyers at Peter Thompson & Associates are dedicated advocates for people who have been hurt due to other parties’ negligence or wrongdoing. We can assist victims who need a car accident attorney or representation in a premises liability, medical malpractice, nursing home abuse, or wrongful death case, among other personal injury matters. We also handle Social Security Disability claims.
Car, Truck, and Motorcycle AccidentsA driver who is at fault for a motor vehicle accident may be held financially responsible for any resulting harm. Many collisions are the result of negligence by one or more drivers. To establish negligence in a personal injury lawsuit, you will need to prove four things: the defendant driver's duty of care to you, a breach of duty, a causal link from the breach to your injuries, and actual damages. A breach of duty may involve a failure to abide by traffic laws or other regulations, distracted driving, drunk driving, or fatigued driving. In some cases, such as injuries caused by a truck driver who is negligent on the job, a driver's employer may also be held directly or indirectly liable for an accident victim's injuries.
However, it is common for a defendant to turn around and claim that a plaintiff was partially or fully to blame for an accident. Maine courts follow a modified comparative fault rule, under which a plaintiff's damages will be reduced by his or her percentage of fault, as long as the percentage is below 50%.
Bicycle and Pedestrian AccidentsPedestrians and bicyclists are particularly vulnerable to serious injuries while biking because they are not protected against the force of a vehicle's impact. In Maine, you may recover compensation for these types of accidents if you can show that a driver or another party was at fault for your accident. Damages that you may be able to recover include economic and noneconomic damages, such as medical bills, lost wages, lost earning capacity, household services, mental distress, and pain and suffering.
Premises LiabilityProperty owners are obliged to maintain their premises and keep them free of dangerous conditions that could injure others. For example, a property owner must use reasonable care to remove dangers caused by snow and ice on its property. Similarly, grocery stores are obliged to maintain their floors to prevent slip and falls to customers who are shopping. In order to recover damages for injuries from a slip and fall due to a foreign substance, for example, you will need to show that the owner caused the foreign substance to be on the floor, the owner actually knew about the hazard, or the hazard was there so long that the owner should have found it and fixed it.
Medical MalpracticeUnfortunately, one of the most widespread and devastating causes of unexpected injuries and deaths consists of careless conduct by health care professionals. As a medical malpractice plaintiff, you must show that the medical care at issue did not meet the standards accepted by the medical community and deviated from what a reasonably competent professional would have done. Also, the inadequate care must have caused an injury, and you must have incurred actual damages. In Maine, before a plaintiff files suit for medical malpractice, he or she must go through a pre-litigation screening panel. You typically have three years from the date that a medical provider's erroneous action or omission took place to file suit, but there are exceptions that significantly shorten that time-period. You should always consult with an attorney about the applicable period to file your claim as soon as possible.
Nursing Home AbuseIn Maine, the Adult Protective Services Act provides numerous rights for nursing home residents. The goal of the law is to protect incapacitated or dependent adults from abuse, neglect, and exploitation. Under this law, nursing home residents have many enumerated rights. Moreover, the Adult Protective Services Act requires mandatory reporting of suspected abuse by a number of different professionals, including physicians, physicians' assistants, certified nurses, dentists, physical therapists, and speech therapists.
Any nursing home where a form of abuse, neglect, or exploitation occurs can be sued in civil court for personal injuries. Damages that may be recovered for negligence or medical malpractice actions in connection with nursing home abuse may include economic losses, loss of society, loss of companionship, emotional distress, and the costs of medical, surgical, or hospital care.
Brain InjuriesOne of the most catastrophic injuries that any accident victim can suffer is a traumatic brain injury. Sometimes a brain injury results in a vegetative state or even death. Common situations in which this type of injury arises are sports accidents, construction accidents, recreational accidents, and motorcycle or truck accidents. Brain injuries may necessitate lifelong care, making it extremely important to consult an attorney with experience in this area.
In 2013, we obtained an important settlement for a motorcyclist who had been riding at night near another motorcycle operator. The other motorcycle operator was driving behind our client and swerved, nicking our client's back wheel. Our client swerved and hit the curb and a wall. The defendant's insurer argued that there was no contact between the motorcycles and that our client had lost control on his own. We investigated and were able to obtain important skid mark evidence to support our claim for damages. Based on the evidence we obtained through our investigation, we were able to resolve the case favorably and to our client’s satisfaction.
Wrongful DeathIn Maine, a wrongful death is caused by neglect, default, or a wrongful act that would have entitled the decedent to maintain a personal injury action and recover damages. A civil wrongful death action is separate from any criminal action that may also be brought as the result of the death. Wrongful death lawsuits in Maine must be brought in the name of the personal representative of the decedent's estate, but they are for the benefit of the decedent's spouse and surviving children, or the decedent's heirs if there is no surviving spouse or child.
Social Security DisabilitySocial Security Disability Insurance benefits may be difficult to obtain. A five-part disability analysis is used by the Social Security Administration to determine whether an applicant is eligible or ineligible for benefits. Often, deserving claims are initially denied, and it can help to have an attorney on your side to make sure you have the best shot of receiving benefits.
Other Practice AreasWe also represent people injured as a result of dog bites, toxic torts, defective products, construction accidents, and other types of accidents.
Discuss Your Personal Injury Claim with a Maine LawyerAt Peter Thompson & Associates, our award-winning Maine personal injury attorneys have over 60 years of combined experience. Our team also includes skillful experts, board-certified physician consultants, paralegals, case managers, and private investigators, all committed to pursuing the best possible results for our clients. Our firm represents victims and their families in Portland, Lewiston, Auburn, Brunswick, Falmouth, Augusta, Waterville, Bangor, York, and other cities throughout Androscoggin, Cumberland, Kennebec, Penobscot, and York Counties. Contact us at 1.800.804.2004 or via our online form to set up a consultation with a personal injury or wrongful death attorney.