The Portland Press Herald recently published a report regarding a new smartphone app that allows users to bypass legal services and file a civil lawsuit with just a few clicks. A quick, “Swipe right to sue” allows for claims of up to $25,000. One might expect any long-time Maine injury lawyer to express objections. However, the problem is less that lawyers aren’t being paid for legal services and far more that Maine injury claimants may not obtain the compensation they deserve.
If you’re injured in a car accident or hurt by use of a defective product, it’s important to recognize that a smartphone app – no matter how smart – is not going to provide you with the personal and professionalized service of an experienced injury attorney. Perhaps there is an argument to be made about using it for a minor traffic ticket. However, if you’re injured – or even think you may be – you may be cheating yourself by not at least making sure your case isn’t worth more than you initially assume.
For example, the app asks users, “How much do you want to sue for?” giving consumers the option of deciding how much their injury claim is worth. This is problematic because this is actually a very complex question – one that shouldn’t be answered with a mere guess. There is extensive time and research that goes into consideration of how much a Maine injury claim is worth. There is no place to indicate whether the damages you’re claiming are compensatory (identifiable and concrete damages, such as medical bills, lost wages, property damage, etc.), general damages (including pain and suffering, future income losses and future medical care) or punitive (limited in application, but significant and intended to penalize egregious negligence by a defendant). Continue reading