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What is Personal Injury?
Personal injury refers to the area of law that seeks to protect victims who are harmed by the action or inaction of another person or entity. Personal injury is also sometimes referred to as "tort law."
A personal injury claim can be filed for injury incurred by an individual either physically or mentally, and it can sometimes include damage to property.
FAQs
- Report all of your injuries to your doctor.
- Follow the prescribed treatment thoroughly.
- If new symptoms arise, inform your doctor immediately.
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Do not discuss your potential claim and/or lawsuit with any of your medical care providers.
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Do not miss doctor’s appointments.
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Keep daily records of the pain and suffering you’ve endured as a result of your injury.
Do I have a Personal Injury Case?
Although every personal injury case is different, here are some general guidelines that help determine if your case is worth pursuing:
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The nature and extent of your injuries;
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Which party (plaintiff or defendant) is determined to be at fault by the accident investigator;
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Type of insurance coverage by both parties; and,
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Cost of recovery vs. potential recovery.
At no cost to you, Smith Law Offices will discuss these guidelines with you in relation to your case and help you determine the merits of pursuing a claim. All discussions are strictly confidential. Please contact us today for your free personal injury case evaluation.
What’s The Potential Value of my Claim?
Every claim is different and can vary in value depending on the extent of your injuries. Pursuant to Maine ethics rules, and as a practical matter, we (nor any other lawyer) cannot put a dollar value on your claim. That said, there are several factors insurance companies take into consideration when determining the value of a personal injury claim:
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Who is at fault for the accident;
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Amount of property damage;
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Injuries reported at the scene of the accident;
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Severity and nature of injuries;
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How soon after the accident medical treatment was sought;
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Which court would have jurisdiction over the lawsuit;
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Prior and / or subsequent claims made by the plaintiff; and,
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Personality and medical history of the plaintiff.
Contact us today and Smith Law Offices will discuss these factors in relation to your case to determine the potential value of your case.
What Kind of Damages Can I be Compensated For?
Victims who have been injured in an accident are often entitled to compensatory damages. This will include compensation for lost wages, property damage, medical expenses, and pain and suffering. In cases where the accident was caused by another party’s reckless behavior, punitive damages may be recovered.
What Should I do Following a Vehicle Accident?
There are several things that you should do following a vehicle accident. In order to accomplish these things, it may be helpful to contact a lawyer.
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Inform your insurance company of the accident.
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File a report with Maine’s Bureau of Motor Vehicles within 48 hours if any personal injury occurs or if damages to either vehicle exceed $1,000. Download the BMV’s accident form at http://mainegov-images.informe.org/sos/bmv/forms/accident_report.pdf
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If you sustained any injuries in the accident, make sure you receive regular medical care.
What Are Common Types of Claims?
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Neglegence
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Neglegent Influence of Emotional Distress
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Assault
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Battery
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Bankruptcy
In certain situations, such as in medical negligence or wrongful death cases, a person may bring a personal injury lawsuit on behalf of a loved one. Our firm deals with all types of personal injury.
What Should I do if I’ve Been Injured?
Here are some tips to keep in mind if you’ve been injured in an accident:
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