Maine Injury, Accident, & Disability Law Blog

Maine Red Claws Pink Night Supported By Joe Bornstein

Joe Bornstein — Tue, 14 Feb 2012 16:10:03 -0500

The Law Offices of Joe Bornstein is proud to support the upcoming Maine Red Claws 'Pink Night' in support of the Maine Cancer Foundation and the Maine Breast Cancer Coalition.

The event, which will help promote breast cancer awareness, will take place at the Claws' home game against the Dakota Wizards on Thursday, February 16th from 6pm - 9pm. The Red Claws are donating 20 percent of their ticket sales from the evening to benefit breast cancer research and awareness.

Our office will have a large contingent of staff on hand at the Expo Center to display our team spirit and cheer on the home team (who will be wearing pink uniforms!)

The evening will feature an award presentation to Mercy Hospital’s Breast Care Specialists of Maine as Home Court Heroes for their work in breast cancer treatment and there will be members of the Oncology and Mammography staff handing out free goodies to the loyal basketball fans.

We are thrilled to support this wonderful cause and event.

THINK PINK and Go Maine Red Claws!

Joe Bornstein Uses Time & Temperature Building To Support Patriots

Joe Bornstein — Fri, 03 Feb 2012 16:28:39 -0500

GO PATS!

The Law Offices of Joe Bornstein is very excited to cheer on New England's beloved Patriots in Sunday's Super Bowl with a 'GO PATS' message on Portland's Time and Temperature Building.

Portland Downtown Director Janis Beitzer released an email announcing this weekend's message on the illuminated sign - "The Giants may have the Empire State Building but our call to action message can be seen for miles!" says Beitzer.

The sign was switched from its usual 'CALL JOE' message to 'GO PATS' today at approximately 1:30pm.

We are proud to join other Mainers in celebrating the Patriots and encouraging them as they try to bring another championship home to New England!

Photo courtesy of the Portland Press Herald.

Maine Driver Education Programs To Be Reviewed And Updated

Joe Bornstein — Tue, 24 Jan 2012 18:04:58 -0500

Maine teenagers and young drivers are injured or dying in car accidents at an astonishingly high rate and something needs to be done about it. Our state legislators are seeking to bring change by improving Maine driver education programs.

Motor vehicle accidents are the leading cause of death of 16 to 24 year olds. In 2008, people among those ages constituted 14 percent of all drivers and accounted for nearly 37 percent of all crashes and nearly 32 percent of all fatal crashes.

This trend is beyond disturbing and often results in tragic outcomes.

Charles Summers, Maine Secretary of State, is advocating for an overhaul of Maine's driver education curriculums in hopes that stronger programs and enforced education can bring change.

According to reports from the Maine Secretary of State, 12 people died in Maine car accidents between December 25th, 2011 and January 9th, 2012 -- seven of those victims were young drivers. Another horrifying statistic - almost two young drivers die each month in Maine and more than 42 are injured in car crashes each week.

Summers, who reports that Maine driver education programs were last updated in 1996, is encouraging curriculums to take advantage of technological advances since then and incorporate new features such as interactive driving simulators. He also would like to see the educational programs updated to reflect current statistics and feature new instructional videos.

Another potential area for improvement is the number of practice hours young drivers complete with driving instructors. Maine's practice driving hour requirement is higher than other states, but it can always be higher. When it comes to driving, practice doesn't necessarily make perfect, but it can help save lives.

As required by state law, Summers has assembled a Technical Review Panel to evaluate driver education programs and incorporate changes and growth. The panel will gather public input from students, educators, law officials and parents in Maine communities and submit a report to the Legislature's Transportation Committee by the end of February.

The Legislature expects to begin working on the overhaul of curriculums during the current session.

In support of this statewide issue, Maine Governor Paul LePage has designated the month of January as 'Young Driver Safety Awareness Month.'

At the Law Offices of Joe Bornstein, we see firsthand the effects and devastation of car accidents that far too often involve young drivers. We are hopeful that improved driving instruction, education and practice can bring the change that Maine so desperately needs.

Maine Social Security Administration Offers Informational Workshop

Joe Bornstein — Mon, 16 Jan 2012 16:35:56 -0500

The U.S. Social Security Administration will hold an educational workshop on Thursday, January 19th at 9am at the Auburn Public Library. The informational session is open to any and all Mainers interested in applying for benefits, planning retirement or learning more about Social Security.

The interactive presentation lead by Social Security Adminstration staff will guide participants through accessing and using www.socialsecurity.gov. The website, which offers services including but not limited to: retirement benefit estimates, online application for retirement, Medicare and disability benefits, applying for assistance with Medicare prescription drug costs, replacing a lost Medicare card.

**To register for the workshop, contact the Auburn Public Library at (207) 333-6640, ext. 4. **

What To Do When You're Injured: Tips To Strengthen Your Case

Joe Bornstein — Thu, 05 Jan 2012 10:03:42 -0500

Being injured in a motor vehicle accident is devastating and instantly affects your daily life - your hours become consumed with doctors appointments and seeking medical treatment and legal representation.

While an experienced attorney is working hard on building your case, there are many things that you can do as well to strengthen your personal injury case.

Be sure to follow this guide on what to do and what not to do when injured while in the process of obtaining the justice you deserve:

What To Do:

Seek prompt medical attention; don't just wait to see if you 'feel better or the pain goes away
Schedule and keep all doctor appointments and visits related to your medical treatment. By not visiting a doctor, insurance companies might understand this as your injuries not being significant
Document all bodily injuries with a camera; also be sure to keep a daily journal noting your level/type of pain and how you feel on a daily basis
Photograph any damage to your vehicle; be sure to capture your car from several different angles to detail all of the damage
If you or an acquaintance photographed or videotaped the accident, be sure to obtain a copy of the film and show it to your attorney
In medical malpractice or dangerous drug cases, save all related items including: pharmacy receipts, pill bottles, braces and casts
Save all receipts for all expenses that you incur as a result of your accident. Make sure that the receipts are dated and legible
Report any changes in your job, job duties or salary to your attorney
Inform your attorney of any changes in your physical address or phone number
Tell your attorney about any changes or new information that may impact your case, such as: changes in medication, extensive hospitalization or medical treatment

What Not To Do:

Do not discuss or share details about your accident, either written or orally, to anyone without proper review and approval from your attorney
Do not comment on or share details about your injuries on public social network platforms such as Facebook, Twitter and MySpace
Do not alert your doctor to any prior accidents or injuries if you are not entirely sure of them

Preble Street Holiday Giving Supported By Joe Bornstein

Joe Bornstein — Tue, 20 Dec 2011 09:26:26 -0500

The holiday season is all about giving, and this year, the Law Offices of Joe Bornstein are pleased to have partnered with Preble Street to provide essentials for Mainers in need.

Working off of Preble Street's wish list, our staff purchased items such as: winter weather clothing items and accessories and personal care and hygiene necessities, including but not limited to: toothbrushes, toothpaste, razors, soap, shampoo, hairbushes and diapers.

We collected all of the donations, loaded them into one of our company vehicles and two of our employees dropped off the 'big haul' of goods at Preble Street.

Preble Street assembled over 500 gift bags to hand out to the homeless and those in need at the resource center's annual holiday party.

This holiday season, we are proud to have worked with Preble Street to help Mainers in need.

'END HNGR' Time & Temperature Building Message Supports Preble Street

Joe Bornstein — Mon, 05 Dec 2011 14:44:34 -0500

The Law Offices of Joe Bornstein is proud to support 'Preble Street and 'The Power of Sharing.' For one week, Portland's Time & Temperature Building will display the message 'END HNGR' to bring attention to Maine's food insecurity crisis and honor Preble Street's efforts to help this statewide problem.

Food insecurity in Maine, which started to surge in 2008 at the start of the economic downturn as a result of people losing their jobs, homes and financial resources, remains a very prevalent and troublesome issue today.

According to studies, nearly 49 million Americans were food insecure in 2010. That equals 1 out of 6 people lacking access to proper nutrition.

Preble Street, founded in 1975 as a neighborhood center to help the homeless and low-income residents of Portland, is an organization working tirelessly to help Mainers in need. Today, Preble Street reaches over 500 people each day.

Preble Street's many programs include:

Drop-in Centers - Clean clothes, showers and a place to rest provided daily
Soup Kitchens - Over 500,000 nutritious meals served annually to Mainers of all ages
Food Pantries - Emergency groceries provided to families and individuals on a weekly basis
Shelters and Supported Housing - Warm beds 365 days a year for teens as they work to build stable lives and for women who once had no place to live but the streets
Social Work Services - Community Casework and Veterans Housing Services to help families find and maintain safe and affordable housing.

Each week over 400 community volunteers lend a hand at Preble Street and nearly 100% of the food and clothing distributed is donated. And at Preble Street, everyone, is welcome.

Some of the people who Preble Street helps were born into poverty, abuse or other unfortunate circumstances, while some were born into stable families and home lives. Some are temporarily homeless because of a sudden crisis while others have been homeless for years. Regardless of their age, gender, religion or race, all are accepted at Preble Street.

The holiday season, help Preble Street 'END HNGR' in Portland and assist fellow Mainers in need. Join The Law Offices of Joe Bornstein and our staff in donating items on Preble Street's Wish List or by lending a helping hand to those less fortunate.

Portland Buy Local Campaign Proudly Supported By Joe Bornstein

Joe Bornstein — Tue, 29 Nov 2011 18:47:17 -0500

The Law Offices of Joe Bornstein is proud to support Buy Local, a campaign of the Portland Independent Business & Community Alliance, in an effort to keep Portland independent. Launched in 2006, Buy Local aims to give a voice to locally owned businesses in the community and demonstrate to consumers the importance of supporting the local economy.

Here are the Top Five Reasons to Buy Local This Holiday Season:

#5 Make Portland Stand Out - Portland places a high value on individuality and residents consider our local businesses a source of pride. Where we eat, shop and hang out makes our neighborhoods, city and state our home.

#4 Benefit From Local Owners' Expertise - Local business owners and employees possess a level of expertise and a passion for the products they sell. Independent businesses are owned by people who live and work in our community and are committed to investing in Portland's future.

#3 Conserve Tax Dollars - According to studies, small neighborhood and downtown businesses require less public infrastructure and make more efficient use of city services than sprawling big-box stores and shopping centers.

#2 Foster Local Job Creation - Studies show that locally owned businesses create more jobs locally and often provide better wages and benefits than national chains.

#1 Keep Dollars In Portland's Economy - For every $100 spent at a locally owned business, $45 stays in the local economy, creating jobs and expanding the city's tax base. For every $100 spent at a national chain or franchise store, only $14 remains in the community.

For a complete list of Buy Local businesses, please visit: www.portlandbuylocal.org.

Celebrate our great city of Portland and Join The Law Offices of Joe Bornstein in Buying Local this holiday season.

What To Do Directly After A Car Accident - An Important Checklist

Joe Bornstein — Mon, 21 Nov 2011 21:42:06 -0500

It is inevitable that car accidents happen. Even with proper safety precautions, accidents happen daily. With hope, they won’t include you or a loved one, but they are, however, accidents. And the worst part is that they’re unpredictable.

While no one expects to be in an accident, it’s important to be prepared in the event that one occurs.

The following is an important list of steps to follow immediately after being involved in a motor vehicle accident:

STAY WHERE YOU ARE. State law requires that you not leave the scene of an accident.

TAKE NECESSARY SAFETY MEASURES. Use flags, flares, etc to make yourself visible to other drivers and prevent further accidents.

SEEK PROMPT MEDICAL ATTENTION. Make sure that any and all injured parties receive medical attention right away. If you have any symptoms, be sure to call for an ambulance and paramedics immediately. Not only will quickly seeking help protect your health, it will help to document the injury.

ALERT THE AUTHORITIES. Contact the State, local or city police immediately after an accident. Give law enforcement officials the facts but do not admit responsibility.

IDENTIFY OTHER DRIVER. Be sure to take note of the name, address, phone number and insurance information of the other driver or drivers involved in the accident. Once you have identified the other driver, verify that their license in current and that the registration number matches the license plate number on the vehicle.

GET INFORMATION FROM WITNESSES. Obtain the names, addresses, phone numbers and comments/statements from all people who saw the accident occur.

DOCUMENT DETAILS OF INCIDENT. Take note of the weather, road and lighting conditions at the time of the accident. Also be sure to record the time that the accident occurred and measure the length of the skidmarks/draw a diagram of the scene.

KEEP A RECORD OF INJURIES. Take photos of any bodily injuries and vehicle damage. Make a note of all related details. Take as many pictures as possible from varying angles and distances to capture the accident scene, damage to cars, nearby road signs and landmarks, skid marks, debris in the road, and all other pertinent evidence. Keeping a disposable camera in your glove compartment is also a good idea.

CONTACT YOUR INSURANCE COMPANY AND SEEK LEGAL REPRESENTATION. Be sure to do this in a timely manner after a motor vehicle accident as delay may affect your rights and your adequate access to justice.

Car accidents are often unavoidable and can be devastating. Each and every day, Mainers suffer personal injuries in serious motor vehicle accidents. When an unexpected accident occurs, it can strike anyone. By following the aforementioned guidelines you will be prepared and informed of what to do in the event of a car accident.

Law Night - Call Joe Bornstein Until 10 P.M.

Joe Bornstein — Wed, 16 Nov 2011 11:00:12 -0500

It’s November and at this law firm that only means one thing – Law Night!

Back by popular demand, on Thursday, November 17, the Law Offices of Joe Bornstein will be extending our business hours once again to accommodate Mainers who are unable to phone us during the day.

The following are some significant numbers associated with Law Night:

Five. Our law firm will remain open for five additional hours on Thursday, November 17 to accommodate Mainers. Our Law Night hours will be from 5pm until 10pm.

One. We are the one-and-only law firm to offer an additional five hours of office time to field legal questions from Mainers about: motor vehicle accidents, personal injury, social security disability, medical malpractice and workers’ compensation.

Zero. It costs zero dollars to call our office and seek the help of our experienced legal professionals. Law Night is a free and convenient way for Mainers to gain access to justice well into the evening.

We invite you to give us a call at 1-800-CALL-JOE (1-800-2255-563) on Thursday, November 17 from 5pm until 10pm to speak with a member of our legal team and be a part of "Law Night.”

Halloween Safety Tips For Families

Joe Bornstein — Mon, 31 Oct 2011 11:27:50 -0500

The air is crisp, the first snow has fallen and November is very near. Before we welcome a new month, however, there is that annual late October occassion to celebrate - Halloween!

Though the holiday is fun and full of laughter, Halloween can also be chaotic and at times dangerous if proper safety measures are not taken. By following the below tips, you will help ensure that your little ghosts, goblins, superheroes and princesses are safe, smart and out of harm's way on Halloween.

Playing Dress-Up:

Fasten reflective tape to your child's costume and bag to help with visibility to drivers.
Always test make-up in a small area first. Remove it before bedtime to prevent possible skin and eye irritation

Lower your child's risk for serious eye injury by not allowing them to wear decorative contact lenses.
Make sure your child is wearing only well-fitting masks, costumes, and shoes to avoid blocked vision, trips, and falls.
Swords, knives, and similar costume accessories should be short, soft, and flexible.

Trick-or-Treat:

Parents should accompany young children trick-or-treating at all times.
Only go to houses that you trust
Kids should never trick-or-treat alone, no matter what their age, and always find safe and well lit neighborhoods to trick-or-treat in.
If in a large group of friends, kids should buddy up. And, there should be one parent at the front of the pack and one at the rear at all times.
Obey the rules of the road. Children should only cross the street in a proper crosswalk, and walk, not run, to their next destination. Drivers too should be alert for children inattentively running across the street at any time.
A safe alternative to trick-or-treating in neighborhoods is to visit your local mall or nursing home. Stores often offer candy to those in costume, and seniors would adore the attention and surely spoil their visitors.
Never walk near lit candles or luminaries. Be sure to wear flame-resistant costumes.

Sugar, Sugar:

An adult should inspect all candy before it is consumed.
Ration your children’s candy supply to ensure they don’t eat too much too soon. If you spread it out over a few weeks, they will be happy to have candy to eat for days to come.
Do not let your child accept or consume unwrapped homemade treats or open beverages at any time.

Remember, a safe Halloween is the best kind of Halloween. And you can take our word for it, candy always tastes sweeter when you’re safe and sound in the confines of your home. Now dress up as your favorite character, go out with your little pumpkins and have a ball. And above all else, follow the aforementioned safety guidance to be sure that your October 31st is a house of fun and not a house of horrors.

Happy Halloween!

Anti-Texting And Driving Mobile Applications Help Save Lives On The Road

Joe Bornstein — Mon, 03 Oct 2011 11:38:45 -0500

Distracted driving, specifically texting while driving, has rapidly become one of the most pervasive problems among motorists of all ages –a problem that often results in devastating and tragic outcomes.

Part of the solution for curbing this extremely dangerous and all too common driving behavior? There’s an app for that, several apps actually.

One mobile application, Text No More, available to Blackberry and Android users, rewards motorists who drive without sending or checkingtheir text messages while their vehicle is in motion. When the application is active, instead of receiving text messages, users will receive discounts and incentive coupons from Text No More sponsors.

After downloading the free application from their smart phones or from the Text No More website, users then activate the program prior to driving and selects their estimated driving time. Once the application is enabled, Text No More puts incoming and outgoing text messages on hold until the user's vehicle is no longer in motion. When a text message comes into a user's mobile device, Text No More sends an automated standard response,"Person A is driving and cannot reply", as well as a coupon to both the sender and receiver of the message. The user then visits a Text No More sponsor to redeem their reward and the sponsor scans the voucher directly from the mobile phone.

When the Text No More application is activated, users are still able to receive incoming phone calls with the use of a hands-free device.

Other anti-texting mobile applications, Android's Driving Text Answering Machine and AT&T's DriveMode, detect when a phone holder's vehicle is in motion and send customizable auto-reply messages back to senders to let them know that the recipient of the message is driving and will reply when it is safe to do so.

With the recent passing of Maine's texting and driving law, improving driving safety on our state's roadways is undeniably a high priority for all. We can all do our part to make Maine's roads safer for everyone who travels them. And now, our mobile phones can become part of the solution for once with anti-texting and driving applications.

The next time you go shopping in your mobile device's application store, remember that not all apps are just for fun and games --apps such as Text No More, Driving Text Answering Machine and DriveMode help save lives.

Texting While Driving Becomes Illegal In Maine

Joe Bornstein — Tue, 20 Sep 2011 13:31:24 -0500

On September 28th, Maine will put one final period on texting while driving as an official ban goes into effect.

The law, which was unanimously passed by the Senate and House in May 2011, makes Maine the 33rd state to ban this highly unsafe and unfortunately all too common driving behavior.

The minimum fine for texting while driving is set at $100.

In 2009, Maine lawmakers passed a distracted driving law that targets motorists who are engaged in various forms of distracted behavior. Under this law, drivers who commit traffic violations such as running red lights or stop signs can be cited for distracted driving if a police officer believes that to be the cause of the infraction.

According to the National Highway Traffic Safety Administration:

In 2009, 5,474 people were killed in crashes involving driver distraction
Of those killed in 2009 distracted-driving-related crashes, almost 20% involved reports of a cell phone as a distraction

According to a recent study conducted by the Virginia Tech Driving Institute, drivers who text are 23 percent more likely to get into an accident than those who are not texting, indicating that the pattern of texting while driving is even more dangerous than drunk driving.

Being personal injury lawyers, we see firsthand the effects and devastation of distracted driving car accidents and would like to remind Mainers to put their cell phones away while operating a motor vehicle – because it’s now the law.

For more information and statistics on distracted driving, please visit www.distraction.gov, an official U.S. Government website.

'READ W- ME' Time & Temperature Building Message Celebrates Maine Reads And Literacy In Maine

Joe Bornstein — Mon, 12 Sep 2011 08:29:59 -0500

Mainers in greater Portland might notice that there is a new message flashing atop the Time and Temperature Building - 'READ W- ME.' The Law Offices of Joe Bornstein is proud to dedicate the illuminated sign to promote literacy in Maine and the nonprofit organization, Maine Reads.

Kindergartners throughout Maine are receiving a brand new book to start the school year. The books are a gift from Read With ME., an official program of Maine Reads. Since 2000, Read With ME has donated books to more than 19,000 Maine students annually with the goal of improving literacy skills while making reading a fun and interactive experience.

At the Law Offices of Joe Bornstein, we are dedicated to giving back to the communities that we live and work in, and are proud to be a leading corporate sponsor of Maine Reads.

Each year, a committee consisting of parents, educators, literacy professionals, writers and librarians reviews numerous children's books by Maine authors and selects one to be Read With ME's featured book of the year. This year's book is The Very Best Bed, written and illustrated by Rebekah Raye of Blue Hill and published by Tilbury House Publishers of Gardiner.

In the book, Raye's beautiful watercolor illustrations provide the perfect backdrop to a story about a gray squirrel searching for a place to sleep as night falls.

The special edition book that will be donated to students includes activities for young readers and resource materials for parents developed by the Maine Department of Education. In addition, a custom-designed bookmark illustrated by Raye accompanies each book.

Bundles of books are packed and delivered to Maine schools by a group of volunteers that include FairPoint Communications technicians and members of the Maine Army National Guard. The books are provided for free to participating Maine schools and students.

In addition to offering the Read With Me program, Maine Reads also proudly presents the annual Maine Festival of the Book, an annual literacy festival designed to appeal to reading enthusiasts of all ages. The Maine Festival of the Book returns to Portland March 29 - April 1, 2012, with a full day of programming Saturday, March 31 at the Abromson Center at the University of Southern Maine. Most events are free.

For more informaiton on Maine Reads and its variety of literacy programs, please visit: www.mainereads.org.

Medical Malpractice Stillborn Birth Cases: Article Highlights Disparities In Compensation

Joe Bornstein — Wed, 24 Aug 2011 11:01:35 -0500

An interesting article in today's New York Times points out the wide discrepancies in damages awards in medical malpractice and personal injury cases.

At the heart of the article is the disparity in medical malpractice cases involving stillborn births. In 2004, New York's highest court allowed mothers to be compensated for their emotional distress and heartache in such cases. The verdict in a Brooklyn case where the mother was awarded $1 million for the stillborn birth of her baby recently was recently upheld after lengthy appeals. In the Bronx, however, a mother in similar circumstances was offered $500,000 by the hospital which she rejected. Her lawyer is arguing that the Brooklyn $1M verdict should be the accepted standard.

For years many states including Connecticut, New Jersey and Ohio allowed mothers to sue on the basis that stillborn births were a result of malpractice.

The article further discusses the "often macabre computations that lawyers make in trying to fix a dollar figure" on pain and suffering. Recoveries vary widely for comparable injuries, depending on jurisdictions. For instance, a mother in a stillborn case was awarded $200,000 in Texas but only $100,000 in Louisiana.

As noted by the author, William Glaberson: "Appeals in injury cases can be ghoulish. Over time, the process sets ranges of values--severed legs are "worth" one sum, paraplegia another--as courts approve some verdicts and slash others as excessive."

This informative article examines the complexities of putting a price on medical carelessness that can lead to emotional pain and suffering.

Hip Implant Complaints Rising At Staggering Rate

Joe Bornstein — Tue, 23 Aug 2011 12:10:51 -0500

As reported in the New York Times of August 23, 2011, there has been a dramatic surge in recent months in complaints to the U.S. Food & Drug Administration about hip implants. There have been more than 5,000 reports since the beginning of 2011 about the failure of several prevalent devices called metal-on-metal hips, more than the agency received in the past four years in total.

Experts fear that the devices will be the biggest and most expensive implant problem since Medtronic recalled a popular heart implant device.

Hip replacement is one of the most common procedures in the U.S., with about 250,000 replacements being performed each year. Metal-on-metal replacements account for about one-third of that total. While the problems with the metal-on-metal replacements are usually non-threatening at first, some patients have suffered serious injuries when particles of cobalt and chromium break off as the metal devices endure wear and tear.

Under FDA rules, manufacturers do not need to track the performance of their devices. But in May, the agency required producers to study how well their devices work. Unfortunately, with no patient registries, it is difficult for the manufacturers to follow up with people who received the implants.

In addition to trying to figure out how they will obtain the information about those who have replaced hips, researchers are also trying to establish the relationship between the metallic debris of the all-metal parts and tissue damage. The New York Times article notes that while some patients experience pain when suffering from tissue damage, other patients with the same damage have no pain. This discrepancy makes it very hard to gauge whether or not the devices should be removed.

Researchers project that it may be a year before protocols are hammered out for studying the problem.

How To Pay Your Medical Bills Without Going Through Bankruptcy

Joe Bornstein — Wed, 17 Aug 2011 10:43:13 -0500

Following a motor vehicle accident or another instance where you suffer a personal injury, doctors appointments and medical bills often begin to pile up and can seem overwhelming. While your treatment and recovery are the number one priorities, it is hard to not feel a pressing need to relieve the financial burden of your medical bills. We would like to take the next few minutes to tell you about your options.

ARE YOU OVERWHELMED BY MEDICAL BILLS
FOR INJURIES RECEIVED IN AN ACCIDENT THAT WAS SOMEONE ELSE'S FAULT?

The field of personal injury law - both accident and disability claims - is very complex. And almost always, there are also complex insurance issues that need to be unraveled. In a motor vehicle accident, there are issues of uninsured and underinsured motorist insurance coverage, medical payments coverage, home owners insurance, workers' compensation, private health insurance, Medicare and MaineCare (Medicaid), Social Security Disability (SSDIB and SSI), private disability benefits, and a host of public assistance benefits. There are also special state and federal laws that apply in many cases.

ARE YOU CONSIDERING BANKRUPTCY
TO GET OUT FROM UNDER THE DEBT OF THE MEDICAL BILLS THAT YOU'VE INCURRED?

There may be options available for you to get your medical bills paid other than filing for bankruptcy. An experienced attorney will negotiate insurance lien and subrogation reductions and waivers and help you uncover money that may be available to pay some or all of your medical bills.

If you have been injured in any kind of accident that was caused by another person's negligence - motor vehicle, dog bite, construction site, work-related, maritime/admiralty, boating, water sports, swimming, premises, railroad accidents, skiing and winter sport accidents - don't give up hope. Even if your accident was several years ago, Maine has a six-year statute of limitations for most personal injury claims. For claims against the state of Maine or municipalities and for liquor liability claims, the statute of limitations is as short as 180 days for proper notice to be served. For most medical malpractice claims, the statute of limitations is three years, and six years for children under the age of 18. If you are under the age of 24, a personal injury claim might still be viable even if the accident happened more than six years ago. Feel free to call our office with any questions or concerns about the statute of limitations that may apply to your claim.

Court Decision: Davis v. R C & Sons Paving, 2011 ME 88

Joe Bornstein — Tue, 16 Aug 2011 09:35:38 -0500

The Law Court in Davis v. R C & Sons Paving, 2011 ME 88 (August 11, 2011), Gorman, J. issued an opinion affirming summary judgment entered against plaintiff Marilyn Davis who was injured when she fell in her employer's icy parking lot. Ms. Davis's employer, St. Mary's Medical Center, had contracted with the Defendant to plow and sand all parking areas and sidewalks.

The Defendant argued that under Restatement (Second) of Contracts, sec. 302, it did not owe a duty because Ms. Davis was not a "third party beneficiary" or "intended beneficiary" of the snow removal agreement. Ms. Davis countered that she was an intended beneficiary and that the plow company owed her a duty because it negligently created a dangerous condition in the parking area.

The Superior Court entered summary judgment in favor of the Defendant, stating there was no evidence that the plow company had negligently created a hazardous condition and that Plaintiff had failed to prove any genuine issue of material fact regarding her third-party beneficiary claim.

In affirming the lower court's decision, the Law Court clarified its decisions in Devine v. Roche Biomedical Labs (Devine II) and Denman v. Peoples Heritage, both involving third-party beneficiary claims. Justice Gorman distinguished between contract claims where there must be a consensual relationship between the parties and tort claims where the issue with whether the defendant is under an obligation to the particular plaintiff.

The Law Court here stated that the Plaintiff could not pursue a contract claim against the Defendant. The Court also found the Defendant, a non-possessor of the land, was not liable for creating a dangerous condition. Here the "precipitating cause" of the hazard was the weather; the plow company did not create the layer of ice beneath the snow.

Davis v. R C & Sons Judgment:

www.mainepersonalinjurylaw.com/uploads/file/Davis v_ R C Paving.pdf

How Do Maine Uninsured And Underinsured Motorist Insurance Coverage Work?

Joe Bornstein — Fri, 12 Aug 2011 15:02:18 -0500

Each and every day, Mainers suffer personal injuries in serious motor vehicle accidents. When an unexpected accident occurs, it can strike anyone. You may be a careful driver and think that you have adequate motor vehicle insurance coverage only to find out after an accident that you have a minimum limits policy. Here in Maine, the minimum limits of motor vehicle liability coverage- including uninsured (UM) and underinsured (UIM) - are $50,000 per person/$100,000 per accident (if there are two or more injured parties).

But what happens if your past and future medical bills and/or lost wages amount to more than $50,000? On top of that there is the conscious physical and emotional pain and suffering that you would likely experience in a serious accident. Financial tragedy can occur if the driver responsible for the accident does not have insurance coverage sufficient to fully and fairly compensate you for your injuries, and you have minimum limits UM/UIM coverage.

Little is known by most Mainers about UM and UIM coverage. An uninsured motorist is someone who does not have any motor vehicle liability insurance coverage at the time of an accident. An underinsured motorist is someone who has auto insurance, but their limits of coverage are not adequate to fully and fairly compensate you for your injuries, and you carry higher UIM limits of coverage.

In Maine, minimum limits of UM/UIM coverage are mandatory. However, you can request and pay for higher limits of liability and UM/UIM coverage. If you have purchased higher limits of UM/UIM coverage, it is that insurance that can come to the rescue for you and your family if you are involved in a serious motor vehicle accident. This very important type of insurance coverage will help compensate you and your passengers for the full extent of your damages. And, the cost to add these higher limits of coverage to your insurance policy is minimal – it is the mandated minimum limits that are the most expensive to purchase.

Your uninsured and underinsured coverage may apply if you are:
• Injured in a motor vehicle accident caused by a driver with no auto insurance.
• Injured as a pedestrian, bicyclist, or skateboarder when struck by a motor vehicle.
• Injured as a passenger in a motor vehicle or other type of vehicle, such as a snow machine or ATV, struck by a motor vehicle.
• Injured in a “ hit and run” accident or in an accident where a phantom vehicle swerves into your lane and causes you to drive off the road - physical contact between the vehicles is not required.
• Living with a blood relative in the same household – under Maine law, in certain circumstances multiple UM/UIM policies of family members may stack one of top of the other to provide even
greater coverage.
• Injured in a motor vehicle accident caused by a driver whose liability insurance coverage limits are lower than your UIM limits of coverage.

We have seen many clients and there families suffer greatly because they have only purchased minimum limits of insurance coverage. We have also seen many clients benefit greatly when they have been able to collect additional insurance money because they wisely purchased higher limits of UM/UIM coverage. With a simple call to your auto insurance company or agent you can purchase higher limits of UM/UIM and thereby protect your family from a possible financial hardship. Only then will you, your family, and friends have adequate protection against a devastating loss.

Maine's Contingent Fee System - The Next Best Thing To Free

Joe Bornstein — Mon, 08 Aug 2011 10:47:05 -0500

Many Mainers who suffer from injuries and disabilities shy away from hiring a lawyer because they don't think they can afford one. The truth is that we don't charge our clients a dime unless and until they are successsful in their claims. Under what is called the "contingent fee system," our law firm is paid a percentage of the settlements and benefits that our clients receive. If our client is not successful in getting paid, our law firm does not get paid.

We even pay all client costs up front while working on claims and there is never a retainer required for our legal services. Of course the vast majority of our clients do get paid, and so then does our law firm. The contingent fee system levels the playing field for Mainers without the financial means to pay a retainer to hire a law firm.

In personal injury claims, over 99% of the money paid out comes from insurance companies, most of them large, national companies with headquarters far away from Maine. You've heard of them: State Farm, Allstate, Progressive, Concord, Peerless, GEICO, Dairyland, USAA, AMICA, Chubb - there is a long list. They are quick to take insurance premium dollars from Mainers, but when an injury occurs and the time comes to pay money to a victim, the situation can change dramatically. If often takes a law firm like ours to force the insurance companies to pay a fair and just settlement to injury victims.

In Social Security Disability claims, for years you've paid dearly into our federal system. The SSA system is there to help our disabled clients, but not without some major legal advocacy by our experienced attorneys on their behalf.

In our 37-year history, we have successfully recovered more than $200 million in settlements and benefits for our over 18,000 clients, greatly helping the Maine economy. Think of the financial relief for these Mainers whose medical bills and lost wages have been paid. We offer a free initial consultation, either by phone or in person at one of our six conveniently located offices, your home or the hospital. 100% of the claims in which we represent clients here in Maine are handled on a contingent fee basis. Few if any other Maine law firms can make this pledge.

Plain and simple: If you don't get paid, we don't get paid.

The Law Offices of Joe Bornstein - Maine Lawyers Working For Maine People.