How To File A Pedestrian Accident Lawsuit In Maine?

Walking on roads and sidewalks is a common mode of transportation, and it’s no secret that pedestrian accidents happen all the time. Unfortunately, these accidents can result in serious injuries that could impact your life for years to come. If you’re in Maine and have been involved in a pedestrian accident, you may be wondering how to file a lawsuit.

Filing a pedestrian accident lawsuit in Maine can be a complicated process, but with the right knowledge and guidance, you can navigate it successfully. In this guide, we’ll break down the steps you need to take to file a lawsuit, as well as some important considerations to keep in mind along the way. So, let’s get started!

If you want to file a pedestrian accident lawsuit in Maine, there are a few things you need to do. First, seek medical attention for any injuries sustained during the accident. Second, gather any evidence you can, including witness statements, photographs, and police reports. Third, consult with an experienced personal injury attorney who can guide you through the process and help you file your lawsuit.

How to File a Pedestrian Accident Lawsuit in Maine?

Pedestrian accidents can be devastating, both physically and emotionally. In Maine, if you have been hit by a vehicle while walking, you may be entitled to compensation for your injuries. Filing a pedestrian accident lawsuit can be complicated, but it is essential to ensure that you receive the compensation you deserve. Here’s a step-by-step guide on how to file a pedestrian accident lawsuit in Maine.

Step 1: Seek Medical Attention

The first and most important step after a pedestrian accident is to seek medical attention. Even if you feel fine, it is crucial to get checked out by a doctor. Some injuries may not show up immediately, and a medical professional can identify any hidden injuries. Additionally, your medical records will be essential in proving your case later on.

It is also important to follow your doctor’s orders and attend all follow-up appointments. If you neglect your treatment, the insurance company may argue that your injuries are not severe.

Step 2: Gather Evidence

The next step is to gather evidence related to the accident. This may include photos of the scene, witness statements, police reports, and any other documentation related to the accident. It is crucial to gather as much evidence as possible to make a strong case.

If possible, take photos of the vehicle that hit you, the location of the accident, and any injuries you sustained. Collect contact information from any witnesses and request a copy of the police report.

Step 3: Contact an Attorney

After you have sought medical attention and gathered evidence, it is time to contact an attorney. A personal injury attorney with experience in pedestrian accidents can help you navigate the legal process and ensure that you receive fair compensation.

Your attorney will review your case and advise you on the best course of action. They may negotiate with the insurance company on your behalf or file a lawsuit if necessary.

Step 4: Determine Fault

One of the essential factors in a pedestrian accident lawsuit is determining fault. Maine is a modified comparative negligence state, meaning that if you are found to be partially at fault for the accident, your compensation may be reduced.

Your attorney will work with you to determine fault and assess your degree of fault, if any. If the driver of the vehicle is found to be at fault, they will be responsible for compensating you for your injuries.

Step 5: Calculate Damages

After fault has been determined, your attorney will work with you to calculate damages. This includes medical expenses, lost wages, pain and suffering, and any other expenses related to the accident.

It is essential to accurately calculate damages to ensure that you receive fair compensation. Your attorney will use evidence such as medical bills and pay stubs to determine the value of your case.

Step 6: Negotiate a Settlement

In many cases, the insurance company will offer a settlement before the case goes to trial. Your attorney will negotiate with the insurance company to ensure that you receive fair compensation. If a settlement cannot be reached, your attorney will proceed with filing a lawsuit.

Step 7: File a Lawsuit

If a settlement cannot be reached, your attorney will file a lawsuit on your behalf. This involves submitting a complaint to the court outlining the details of your case. The defendant will then have the opportunity to respond to the complaint.

Step 8: Discovery Phase

During the discovery phase, both sides gather evidence and exchange information. This may include depositions, requests for documents, and interrogatories.

Your attorney will use this information to build a strong case and prepare for trial.

Step 9: Trial

If the case goes to trial, your attorney will present your case to a jury. The jury will determine fault and assess damages. Your attorney will argue on your behalf and present evidence to support your case.

Step 10: Appeal

If the verdict is not in your favor, your attorney may file an appeal. This involves asking a higher court to review the decision and potentially overturn it.

In conclusion, filing a pedestrian accident lawsuit in Maine can be a complicated process. However, with the help of an experienced personal injury attorney, you can ensure that you receive fair compensation for your injuries. By following these steps, you can navigate the legal process with confidence.

Frequently Asked Questions

Here are some frequently asked questions about filing a pedestrian accident lawsuit in Maine.

What is a pedestrian accident lawsuit?

A pedestrian accident lawsuit is a legal claim filed by a pedestrian who has been injured in an accident involving a vehicle. The lawsuit seeks compensation for the pedestrian’s injuries and other damages resulting from the accident.

The lawsuit can be filed against the driver of the vehicle, the owner of the vehicle, or both. The purpose of the lawsuit is to hold the responsible party accountable for their actions and to provide the injured pedestrian with financial compensation to cover their medical expenses, lost wages, and other damages.

What should I do if I’ve been involved in a pedestrian accident in Maine?

If you’ve been involved in a pedestrian accident in Maine, the first thing you should do is seek medical attention for your injuries. Once you’ve received medical treatment, you should contact an experienced pedestrian accident attorney to discuss your legal options.

Your attorney can help you gather evidence to support your claim, including witness statements, police reports, and medical records. They can also negotiate with the insurance companies on your behalf and represent you in court if necessary.

How long do I have to file a pedestrian accident lawsuit in Maine?

In Maine, the statute of limitations for filing a pedestrian accident lawsuit is six years from the date of the accident. It’s important to note that if you wait too long to file your claim, you may lose your right to seek compensation for your injuries and other damages.

That’s why it’s important to contact an experienced pedestrian accident attorney as soon as possible after your accident to ensure that your legal rights are protected.

What kind of damages can I recover in a pedestrian accident lawsuit?

If you’ve been injured in a pedestrian accident in Maine, you may be entitled to recover a variety of damages in your lawsuit. These damages may include compensation for your medical expenses, lost wages, pain and suffering, and other damages resulting from the accident.

Your attorney can help you determine what damages you may be entitled to and can work to ensure that you receive the full amount of compensation you deserve.

How much does it cost to hire a pedestrian accident attorney in Maine?

Most pedestrian accident attorneys in Maine work on a contingency fee basis, which means that they only get paid if you win your case. The attorney’s fee is typically a percentage of the settlement or verdict amount, and is agreed upon in advance.

Before hiring an attorney, it’s important to discuss their fees and any other costs associated with your case. Your attorney should provide you with a clear understanding of the costs involved and should be transparent about their fees and billing practices.

How long do I have to consider filing a pedestrian accident claim? │Sevenish Law

In conclusion, filing a pedestrian accident lawsuit in Maine can seem overwhelming, but it is essential to get the compensation you deserve. Remember to gather all necessary evidence, such as medical records, eyewitness accounts, and police reports. Seek legal advice from an experienced attorney who specializes in personal injury cases to guide you throughout the legal process.

It is crucial to act quickly and file your lawsuit within the statute of limitations to avoid losing your right to compensation. With the right legal team on your side, you can hold the responsible party accountable for their actions and receive the settlement you deserve.

Most importantly, prioritize your health and well-being after a pedestrian accident. Seek medical attention as soon as possible and follow your doctor’s treatment plan. Take care of yourself and your loved ones, and let your legal team handle the rest.