Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for advice about your specific situation.
Detailed Answer
After a motor vehicle accident in Maine, you can calculate a fair settlement for soft tissue injuries by adding your special damages (economic losses) to your general damages (non-economic losses). Below is a step-by-step framework:
1. Itemize Special Damages
- Medical Expenses: Sum all past and projected costs for treatment, including doctor visits, physical therapy, chiropractic care and diagnostic tests. Obtain itemized bills and written estimates.
- Lost Wages: Document time off work due to injury. Multiply your daily or hourly rate by missed workdays. Include future lost earning capacity if recovery impairs your ability to work.
- Out-of-Pocket Costs: Add transportation (e.g., mileage at IRS rate), prescription costs, home care or assistive devices.
2. Estimate General Damages
General damages compensate for pain, suffering and reduced quality of life. Maine allows full recovery of non-economic losses; there is no statutory cap. Use one of these common methods:
- Multiplier Method: Multiply your total medical expenses by a factor based on injury severity:
— Minor soft tissue: 1.5–2.0
— Moderate soft tissue (weeks of therapy): 2.0–3.0
— Severe soft tissue (months of therapy, lingering effects): 3.0–4.0+ - Per Diem Method: Assign a daily rate (e.g., $50–$200 per day) from accident date to projected full recovery. Multiply daily rate by number of days injured.
3. Adjust for Comparative Fault
Maine follows a modified comparative negligence rule. If you are less than 50% at fault, you can recover damages reduced by your percentage of fault. (Maine Rev. Stat. tit. 14, §156: legislature.maine.gov/statutes/14/title14sec156.html)
4. Factor in Collateral Source Rules
Maine’s collateral source rule prevents reduction of your award by benefits you receive from insurance or other sources. (Maine Rev. Stat. tit. 14, §154-A: legislature.maine.gov/statutes/14/title14sec154-A.html)
5. Observe the Statute of Limitations
Personal injury claims in Maine generally must be filed within six years of the accident. (Maine Rev. Stat. tit. 14, §752: legislature.maine.gov/statutes/14/title14sec752.html) Filing later may bar your claim.
6. Use Local Verdict Data
Research recent jury verdicts for similar soft tissue injuries in Maine. This data helps you benchmark a reasonable range for settlement negotiations.
Helpful Hints
- Keep a detailed injury journal: record pain levels, activity limitations and treatment timelines.
- Obtain expert reports: physical therapists and vocational experts can support future care and lost earning capacity claims.
- Preserve all receipts and invoices: missing bills can reduce your special damages recovery.
- Get medical releases: allow your attorney to access full treatment records for stronger proof of causation.
- Negotiate strategically: start slightly above your minimum acceptable amount to leave room for compromise.