Maine Personal Injury Frequently Asked Questions

The following information includes frequently asked personal injury questions. The answers stated are general in nature and are not intended to apply to every personal injury situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting Rockport, Maine personal injury lawyers Briggs & Counsel, you can receive a personal consultation regarding your specific legal claim.

What is Personal Injury?

Personal injury is any physical or mental injury to a person that results from another person's negligence or harmful act. Personal injury involves civil law cases as opposed to criminal law cases which involve a defendant and the State of Maine. Personal injury can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury:

• Auto Accidents
• Other Vehicle Accidents (Aviation, Bicycle, Boat, Motorcycle, Railroad, Truck)
• Burn Accidents
• Construction/On the job Accidents
• Dangerous or Defective Products
• Dog/Animal Bites
• Medical Malpractice (Birth Injuries, Misdiagnosis, Surgical Negligence)
• Nursing home abuse and Neglect
• Slip and Fall Accidents/Premises Liability
• Spinal Cord Injury
• Toxic Exposure
• Traumatic Brain Injury

What financial compensation can I recover in a personal injury claim?

Personal injury accident victims are entitled to recover monetary damages for all losses and expenses sustained as the result of an accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:

• Medical bills
• Lost income, including overtime wages
• Pain & Suffering
• Physical Disability
• Disfigurement
• Emotional Trauma
• Mental Disability
• Property Damage

What is the Statute of Limitations?

Every state has certain time limits, called "statutes of limitations," that govern the period during which you must file a personal injury lawsuit. In some states, for example, you may have as little as one year to file a lawsuit from an automobile accident. When the statute of limitations expires on your case, you simply don't have a case anymore.

Statutes of limitations differ not only from state to state, but also in regard to the kinds of lawsuits involved. In some states the statute of limitations for medical malpractice, suits against governmental agencies, and wrongful death actions is shorter than that for other types of personal injury cases. In general, however, the statute of limitations for personal injury cases is from one to three years, and the time begins from the time of the accident. For more information regarding the limitations for your specific case, contact the Maine personal injury lawyers of Briggs & Counsel as soon as possible.

What is Wrongful Death?

Wrongful death occurs when a person's death was caused by the negligent, willful, or wrongful act of another, such as careless driving or a deliberate murder. In addition to injuring the person who died, people who depended upon the deceased for financial or emotional support may be entitled to compensation for the wrongful death. The State of Maine has enacted a statute permitting a lawsuit to be brought by the relatives of a person who died as a result of a wrongful act.

How is pecuniary loss determined in a wrongful death lawsuit?

Pecuniary, or financial, loss is the main measure of damages in a wrongful death lawsuit. Courts have determined pecuniary damages to include the loss of support, services, lost prospect of inheritance, and medical and funeral expenses.

To determine pecuniary loss, the Court must consider the age, character, and condition of the decedent, his or her earning capacity, life expectancy, intelligence and health, as well as the circumstances of the inheritors. Typically, the main consideration in awarding pecuniary damages is the decedent's circumstances at the time of death. For example, when an adult wage earner with dependants dies, the major parts of the recovery are loss of income and loss of parental guidance.

What should I do if I've been injured in a slip & fall accident?

Most businesses and homeowners carry liability insurance to protect them in the event that someone is injured while on their property. The owner or possessor of a residence, land, or place of business has the duty to exercise reasonable care for the protection of those individuals who are invited to come upon the premises; i.e. individuals visiting for business or pleasure. In such cases, the owner, company, or person must inspect the premises to discover any dangerous conditions and warn the invitee of dangers upon said premises. Those injured by a negligent owner or possessor of a premise may recover damages for their injuries, including loss of income, medical expenses, pain and suffering, etc.

What is medical malpractice?

Medical malpractice is negligence committed by a professional health care provider-a doctor, nurse, dentist, technician, hospital, or hospital worker-whose performance of duties deviates from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients. Most medical malpractice cases are based on the concept of negligence-that is, the patient was harmed because the health care provider failed to meet the required standards of skill and care, in accordance with generally accepted standards. Instances of malpractice might include cutting off the oxygen supply during surgery, misdiagnosing an injury because routine tests and procedures were not followed, or prescribing an illegal drug or one not approved for the patient's condition.

Does someone who is simply not satisfied with the results of surgery have a malpractice case?

No. In general, there are no guarantees of medical results, and unexpected or unsuccessful results do not necessarily mean that negligence occurred. To succeed in a medical malpractice case, a plaintiff has to prove that a medical injury or related damages resulted from the doctor's deviation from the standard of care pertaining to the procedure, not that the results from a standardized medical treatment were unsatisfactory.

How Can I Take Action to Protect My Rights?

If you or a loved one has been injured in an accident caused by another person's negligence, carelessness or other wrongdoing and you are considering filing a lawsuit within the surrounding cities and counties of Rockport, Maine, call the Rockport personal injury attorneys of Briggs & Counsel today at 866-767-3026, or complete the contact form provided on this site to begin your consultation with a dedicated Rockport wrongful death trial lawyer. Home and hospital visits by attorneys are available if needed and your initial consultation on personal injury matters is free.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Copyright © 2008 by Briggs & Counsel. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.