The process of seeking justice after getting hurt due to someone else’s negligence in Maine is complex. However, you must go through it if you hope to get relief from the financial burden the accident has placed on you. This is where personal injury litigation comes in, giving victims the platform to seek redress for their losses.
In this blog, therefore, we will discuss the significance of personal injury litigation. Also, we will enumerate the key elements that make a successful personal injury litigation case.
Personal Injury Litigation: Definition and Significance
Personal injury litigation in Maine refers to that aspect of the state’s civil law that lets individuals seek compensation for their losses. The law allows them to pursue a compensation claim against the party who caused them harm. There are several reasons why this legal avenue is crucial, including the following:
-
For Accountability and Justice
One major significance of personal injury litigation is that it helps hold negligent parties accountable for their actions. When an accident occurs due to someone’s carelessness or recklessness, this legal redress lets the injured party seek justice.
-
For Deterrence from Future Repetition
Another essence of personal injury litigation is that it instills fear in individuals to uphold higher standards of care. Essentially, as people learn their lessons from cases, they learn to exercise caution, thus creating a safer environment for all.
-
To Provide Financial Relief
Accidents leave victims with physical, mental, as well as financial hardships such as medical bills, property damage, and lost wages. Pursuing and winning a personal injury claim can provide them with some financial compensation that will help them recover from these losses.
What Key Elements Make for a Successful Personal Injury Case?
In a personal injury claim, the injured party is expected to prove every claim made; they must establish and prove the defendant’s guilt. For that to be possible and to build a strong case, these key elements must be present:
-
Existence of a Duty of Care
The plaintiff (injured party) must establish by solid proof that the defendant owed them a duty of care. In an accident case, for example, drivers owe a duty of care to obey all traffic laws and responsibly operate their vehicles.
-
Breach of the Said Duty of Care
Next, there must be a demonstration of how the defendant breached that duty of care they owed the plaintiff. This breach can be intentional through malicious or intentional misconduct or unintentional through negligence or recklessness.
-
Causation
It is also vital to establish a direct and traceable link between injuries suffered by one party and the actions of the other party. That is, they must show that their injuries exist as a foreseeable consequence of the defendant’s conduct.
-
Damages
For personal injury litigation to be successful, the plaintiff must have suffered quantifiable damages, financial, mental, or physical. Some things that can help substantiate or quantify the damages include pieces of evidence such as expert testimonies or medical records.
-
Adherence to the Statute of Limitations
Personal injury claims in Maine have a certain deadline for filing, known as the statute of limitations. This means that to even think of having a case, you must file your claim within the stipulated time frame. Otherwise, the plaintiff loses their right to pursue compensation or seek justice for what they have gone through.
Conclusion
“Personal injury claims are quite common in Maine; they help victims seek justice and get adequate compensation against those who harmed them in the best possible ways,” says attorney Benjamin Gideon. However, navigating personal injury litigation law in Maine can be challenging and overwhelming, requiring the expert guidance of a competent attorney. Moreover, having qualified legal representation helps ensure individuals can pursue their claims confidently and with the much-needed support.
