If you have suffered an injury in an accident caused by someone else's negligence in Maine, you may have a personal injury case. Navigating the legal process after an accident can be confusing and stressful. Knowing what to expect and the general timeline can help you feel more in control. Here is an overview of the key phases of a typical Maine personal injury case and what you can expect:
Initial Consultation
The first step after an accident is usually to consult with a Maine personal injury attorney. The initial consultation provides an opportunity to give the attorney an overview of what happened and for the attorney to assess the strength of your potential case. Key things the attorney will want to know include:
- Date/time/location of accident
- Detailed description of how the accident happened
- Nature and extent of your injuries
- Impact on your life and work
- At-fault party and their insurance information if known
The Maine personal injury lawyer will analyze negligence and liability factors and advise you on next steps. If they believe you have a viable case, they will discuss representation options with you.
Pre-Litigation Phase
If you and the attorney decide to move forward with a case, the pre-litigation phase begins. Key activities in this phase include:
- The attorney gathering evidence like medical records, accident reports, witness statements, etc.
- Attempting to negotiate a settlement with the at-fault party's insurance company
- Filing paperwork to preserve your legal rights and adhere to statutes of limitations
The attorney builds a demand package with evidence to demonstrate damages and tries to settle prior to filing a lawsuit, which saves time and expenses. Simple cases may resolve in this phase. More complex cases typically move forward to litigation.
Litigation and Discovery Phase
If a fair settlement offer is not obtained in pre-litigation, the attorney will file a personal injury lawsuit on your behalf. This initiates litigation and the discovery phase including:
- Complaint filed in court specifying allegations against the defendant(s)
- Defendant responding and filing an "answer" admitting or denying allegations
- Interrogatories: written Q&A exchanged between parties
- Depositions: in-person, under-oath interviews with parties and witnesses
- Subpoenas issued for records
- Medical exams by defense experts
Both sides also access expert witnesses to evaluate things like accident reconstruction, medical treatment, and economic damages. Attorneys use discovery to further develop the case and aim to reach a settlement before trial.
Settlement Negotiations and Agreements
After discovery, intense settlement negotiations often occur. The attorney will assemble a thorough demand package that makes the strongest case possible for compensation that covers all your damages. Around 95% of personal injury cases settle before trial. If a satisfactory settlement is reached, you will sign a release of claims freeing the defendant from further liability in exchange for payment.
Trial
If no settlement agreement can be reached, the trial phase begins. A judge or jury will hear arguments and evidence from both sides and issue a binding decision determining liability and monetary compensation if warranted. Your attorney will aggressively try the case to maximize damages awarded. Trials can be lengthy but generally move along faster than settlements.
Case Closure
If you win compensation through settlement or a favorable trial verdict, the final step is receiving payment and closing out the case. Your attorney's work includes:
- Ensuring full payment of the settlement or judgment
- Paying any liens or reimbursements owed to insurers on your behalf
- Deducting expenses and attorney fees per your agreement
- Issuing final payment to you for remaining damages owed
With payment comes case closure. The process is tedious but winning fair compensation makes the effort worthwhile. An experienced Maine personal injury attorney guides you through every phase for the strongest possible case outcome.
