Earner & Weaver | Injury Attorneys
At Earner & Weaver we help with all aspects of car crash claims. We know this is a critical time for you and your family. It’s scary, what’s next is often unknown, and you aren’t sure who to trust. Well, you can trust us.
We offer (for free) to everyone in the state, a no obligation consultation where we will review your case, explain all your rights and options to you, and help you make the best decision on how to proceed with your situation.
“I was lost when I got into my accident. Everything I worked so hard for was gone and I didn’t have the money to get back on my feet. Michael was a godsend. With his advice and help I was able to pick myself back up and get what was rightfully mine. I cannot say how grateful I am Michael, thank you, thank you so much for helping me and my family.“Olivia (York)
What is a car crash claim?
Maine law requires that anyone who causes injury to another person be responsible for making that person whole again. Unfortunately, when you are hurt in a crash, that person can’t undo the injury and make it so that you are not hurt. What that means is that the only thing they can do it compensate you for your injury. More simply, a car crash claim is when someone holds a wrongdoer accountable for a careless, reckless or intentional act.
How long do I have to bring a car accident claim or lawsuit?
As a general rule, you have six years from the date of the crash to bring a claim. However, there are special circumstances that could bring that time down to as little as six months in this state. Therefore, it is always best to contact an attorney as soon as possible after an accident to be sure you are preserving your rights. If you don’t file claims on-time, you will very likely lose your right to bring them forever. This is called the “Statute of Limitations” under our state law.
“I asked Mr. Earner for some advice on how to handle a problem that I was having. He not only gave me the advice that I need he went above and beyond and walk hand and hand with me through the whole thing. I would definitely recommend Mr. Earner to anyone that is look for legal help and I’m so glad I have him on my side.“Lenny (Kittery)
Who Can Sue for Car Crash Injury?
In Maine a crash claim must be brought by the hurt person and against the person who caused the injury. This is called a third party injury claim. Sometimes you can make a claim against your own insurance as well. This is called a first party injury claim. In Maine, you pursue a claim is always brought against the 3rd party (other driver first) and if they don’t have enough insurance to cover you, and you have more than they do, then you can collect from your own policy that you pay for. It is important to note that this is not exactly like the 3rd party injury claim – it is a contract claim because you paid for that coverage and under the agreement you have in your policy, they are obligated to pay that to you. We help with both 3rd party and 1st party claims.
These are the insurance policies that cover you if you are in a crash in Maine:
- Other driver’s policy, if that driver caused the crash.
- Driver of the vehicle you are riding in, if you are a passenger and they cause a crash.
- Driver of the vehicle you are riding in, if another driver causes a crash and doesn’t have enough insurance.
- Company who owns vehicle if it is a work vehicle that hit you.
- Your own insurance if you hit a wild animal in the road and are injured.
- Your own insurance for the medical payments (“MedPay”) portion of your policy if you are in a crash where you run off the road.
- Your own insurance in a hit and run.
What can be awarded in a car crash?
When a car crash claim is brought to a trial, a Maine jury can award damages (money) in any amount it believes is fair and just. The jury is free to award money for the reasonable costs of medical, surgical and hospital care, as well as pain and suffering, impact on life, and past and future costs and impacts as well.
If someone dies in a crash, the family of the decedent can bring a claim on that person’s behalf for all of the claims above and the jury may also award up to $500,000 to a “personal representative” of the person who died for loss of comfort, society and companionship. This amount may also include emotional distress. A jury may also award punitive damage of up to $250,000.
Do I Have To Go To Court?
Most cases (over 95%) will settle outside of court. However, that happens only if a fair settlement can be reached. At Earner & Weaver, we will take your case to court only when its necessary. We believe the court is the great equalizer in America and sometimes it is needed to keep insurance companies and defendants honest. However, we do try to avoid it in every situation as it typically takes a lot longer to resolve you case through the court. We have had cases take as little as three weeks and as long as six years. It all depends on how willing the defendant is to do what is right. Nonetheless, and regardless of the time it takes, we have a reputation as a firm that won’t back down unless the other party agrees to do what is right.
“I first reached out to Mike after I had problems with an insurance company not paying for what they should. Within a week we had a plan together and had a letter out to the company explaining why they were wrong and what they needed to do to make it right. They responded about a week later and agreed to make it right. His knowledge of the law and ability to get people to do what is right is awesome. There is nobody I would recommend more.“Mark (Sanford)
Who you work with matters.
Who will I be working with at your firm?
In York County, you will be working directly with Attorney Michael Earner. Attorney Earner is a founding member of the firm. He is in charge of the day-to-day operations and ensuring that clients are properly cared for.
Michael has always had a passion for helping people and always seeks out opportunity to serve others. When Michael was in his early 20’s, he answered a call to give back by joining the US Army shortly after September 11, 2001.
Michael was injured during a combat patrol in Afghanistan and he opted to undergo an early, honorable, medical discharge from the military. He is now a disabled veteran rated at 100%.
Michael decided to continue his service to others as a lawyer and used his GI Bill to go to law school. In Maine, Michael is a Master Mason (Raised in Naval Lodge #184), he also serves as an Assistant Scoutmaster in the Boy Scouts of America and he can be found working with youth as a sports coach on football, soccer and lacrosse fields around the county.
Michael has earned five college degrees including two undergraduate (A.S, B.A.) and three graduate degrees (J.D., L.L.M., M.B.A) and has completed additional graduate coursework at Massachusetts Institute of Technology and Cornell University. Most people would describe Michael as exactly the type of attorney you want working on your side. He is smart, he is tough, he stands for what is right, and he is also very down to earth, easy to work with, and really easy to talk to.
“Attorney Earner helped me with a legal issue that I didn’t expect to be in and that caused a lot of immediate stress and potential hardship for me and my family. He got involved immediately and within a few days I knew everything was going to be ok. He completely resolved the issue for me and it turned out exactly the way I had hoped. He will always be my first call and I recommend anyone in Eliot or anywhere in York county do the same.“Megan (Eliot)
I Need Help, How Do I Get Started?
The best way to get started is to simply give us a call. We have a pretty easy to remember phone number: 877-8MaineLaw. You can call any time, day or night. If we can’t answer, you will get a call back very quickly. If you prefer that we call you first, you can simply fill out a form on the right side of the screen and we will contact you shortly.