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chris lewis

Walk Softly, but Carry a Big Stick!

You don’t want to file a civil lawsuit, but you didn’t want to get in that car crash either. If you have been hurt in a motor vehicle accident in Maine, it may be in your best interest to file a civil lawsuit to ensure you get full and fair compensation for the harm that was done to you. You may have little choice. Either take what the insurance company wants to give you, or fight. Even when the fault is clear, insurance companies will do everything in their power to deny accountability. This is why you need car accident lawyers on your side with a consistent track record of success in this kind of personal injury litigation. At Hardy, Wolf & Downing, our Portland and Lewiston, based attorneys pledge everything in our power to get you everything you deserve.

Common Injuries Sustained in Accidents

Hardy Wolf & Downing has been specializing in car crash cases for over 45 years. We have dealt with thousands of cases involving:

  • Bone Fractures
  • Whiplash
  • Paralysis
  • Burns
  • Permanent Scarring
  • Spinal Cord Injuries
  • Traumatic Brain Injuries
  • Soft Tissue Damage
  • Loss of Limbs
  • Wrongful Death
  • Joint Injuries

Hardy, Wolf & Downing helps victims of automobile accidents in Maine recover compensation for:

  • Past, present, and future medical bills
  • Loss of income
  • Lost future earning potential
  • Emotional pain and suffering
  • Loss of consortium
  • Funeral expenses

Maine Car Insurance Laws

Maine is considered a traditional “fault” car insurance state, meaning that the at-fault driver is on the hook and responsible for covering all damages and injuries they cause. Injured parties may seek financial compensation by filing a claim with the other driver’s insurance company or filing a personal injury lawsuit.

Did you know Maine has some of the highest required minimum insurance coverage?  By law, drivers must have liability coverage of at least $50,000 per person, $100,000 per accident, $25,000 for property damage, and $2,000 for medical payments.  

While most drivers carry adequate insurance, a significant percentage of drivers are uninsured, usually due to expired insurance coverage. If you get into an accident with someone who is underinsured or uninsured, you can still recover; by law, your own insurance company has to provide insurance coverage from which you can recover. As you can imagine, this gets complicated quickly. 

Meeting the Burden of Proof in Maine Car Accident Lawsuits

To win a car accident personal injury case in Maine, your legal team must establish four key elements that meet the burden of proof.

To meet your burden of proof in a car accident case, 4 key elements must be established:

  1. The defendant had a duty to exercise reasonable care and caution regarding the plaintiff’s safety.
  2. The duty of care was breached by speeding, intoxication, tailgating, distracted driving, or some other negligence.
  3. There is medical evidence to show the plaintiff was injured.
  4. The defendant’s negligence directly caused the plaintiff’s injuries.

Make no mistake, the insurance industry is a multi-billion dollar business that specializes in paying out as little as possible. When you are in a car crash the insurance companies immediately start to build their file under the law. They will ask for interviews, medical authorizations, and pictures. Don’t make the mistake of dealing with this on your own. Get help. Get Hardy Wolf & Downing at 1-800-INJURED.

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Get the compensation you deserve. Contact Hardy, Wolf & Downing today to get started with an initial free consultation to talk to a lawyer about your situation.