Legal Question in Personal Injury in Maine

Re: Injured in Maine; I live in Virginia

While a Virginia attorney can investigate and negotiate towards a settlement of your claim, if the defendant/his insurer do not want to settle, or offer an inadequate amount, you will have to file suit in Maine (if you file in Virginia, the defendant will likely move for a transfer of venue to Maine)and employ an attorney licensed in that state. A Virginia attorney could certainly do a fee sharing agreement with the Maine attorney, which should not cost you anything extra. If you have any furter questions please call me at (703)860-2541.

Re: Injured in Maine; I live in Virginia

Thank you for the question. Since Maine is the "Vacationland" State, I have handled many situations similar to yours involving injuries sustained by a tourist while on vacation in Maine.

From a strict legal perspective, you will not be able to file a lawsuit, if necessary, in Virginia for this injury. It will need to be filed in Maine. Because of this fact, it has been my experience that an insurance company defending this type of injury will often not address the claim seriously until Maine counsel is hired and a lawsuit is filed in Maine in either Federal or State Court (depending upon the circumstance). There is also a good chance that the claims adjustor for the insurer is located in Maine and may have previous experience with the Maine lawfirm you engage, which should also work to your benefit during negotiation.

I do not think that there is an intrinsic value to proceeding initially with Virginia counsel, then obtaining Maine counsel, other than the comfort level it may provide to you to deal with a Virginia lawyer you may already know and trust.

In any event, your decision on how to proceed will need to be made on your comfort level, as there is no legally "correct" way to proceed other than recognize that you will almost certainly have to file a lawsuit in Maine to resolve the case.

I hope that this analysis has been helpful to you.

I am certainly willing to discuss further with you should you desire to call me directly at 207-767-4824 ( or email me your telephone number and I will call you), and/or I would also be willing to work with your Virgina counsel at no additional cost to you. Feel free to visit my firm's website to learn more about me at www.atcrlaw.com. Thank you again for the inquiry.

Re: Injured in Maine; I live in Virginia

It would be far easier to pursue your claim in Virginia, but you may be prevented from doing so by Maine law. When citizens of different states are parties in litigation, there is a strong liklihood the case will end up in federal court because there is a federal law regarding "diversity of citizenship."

The answer to your basic question is that you are probably going to need an attorney in each state although it should not cost you anything additional. The lawyers will probably agree to represent you on a contingency fee which they will divide. Whatever you decide, do not sign two retainer agreements. That could cost you two-thirds of your recovery. Generally, an injured party contacts a local attorney near their home and it is that lawyer's responsibility to find competent counsel in the foreign jurisdiction. If you already have an attorney in Maine, there is no need to change in midstream. If you wish to discuss the issues further, please give me a call.