Articles Posted in Personal Injury

The Maine Supreme Judicial Court has remanded for further consideration a case in which a wife sued her husband for damages caused by his negligent operation of a motorcycle on which she was a passenger.

Although it often seems unthinkable outside of family court that spouses might sue one another, this case shows how most of the time, these claims are not personal. In the vast majority of situations in which relatives or friends are on opposites sides in civil litigation, it’s not the individual from whom they are trying to collect. Rather, it is the insurance company.

Here, plaintiff sought payment of medical bills and other expenses from the motorcycle insurance policy carried by her husband. But here in Maine, it is not possible to sue the insurance company for liability in an accident (except for when the insurer acts in bad faith). Instead, one must file a lawsuit against the insured. Continue reading

An 18-weeks pregnant woman who worked in a Maine psychiatric center was violently attacked with a pen by a mentally ill patient with a history of violence.

Worker suffered severe pain and disfigurement, was forced to undergo surgery to remove part of the pen from her right hand and now suffers chronic post-traumatic stress disorder.

Typically, injuries like these are covered under the state’s workers’ compensation laws. Workers’ compensation is a form of no-fault benefits provided to injured workers (or families of those killed) when that injury or death occurred in the course and scope of employment. Workers’ compensation benefits come with a provision of exclusive remedy, meaning injured workers don’t have the right to sue their employer, but their medical expenses and a portion of lost wages are available. Compensation for pain and suffering, emotional distress and punitive damages are not paid by workers’ compensation. So what this plaintiff wants to do is make the state – not the private psychiatric center – liable for the injuries she suffered at work. Continue reading

A new report by the Maine Long-Term Care Ombudsman Program indicates the state is the No. 1 most-improved when it comes to slashing the number of potentially fatal antipsychotic medications doled out to elderly in nursing homes.

That’s certainly good news. But there’s more to it.

The state still ranks 26th in the U.S. in terms of the total number of nursing home residents prescribed these dangerous drugs.

In Bangor personal injury lawsuits, solid, reliable expert testimony is a critical part of success. It’s the necessary link to proving that you suffered damage directly as a result of the other party’s negligence.

If the defense can establish doubt for the jury by insinuating your injuries were caused in some other way, your case could be in jeopardy.

In order to ensure that the testimony provided by your expert witness is admissible in court, the judge will apply the Daubert standard. This much-used criteria was first established in the case of Daubert v. Merrell Dow Pharmaceuticals in 1993, which allows for the standard of flexible reliability.

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Four people, including two young children, were involved in a late-night accident as their vehicle was run off the road by another vehicle. The driver in question left the scene of the accident, according to the Portland Press Herald.Maine State Troopers report that the victims’ vehicle flipped over in the accident along Interstate 295 in Cumberland. Luckily, officers were able to track down the dangerous driver later at her home in Portland. She has been arrested and charged with failing to report an accident and leaving the scene.

Our personal injury attorneys in Portland understand that this accident was caused by the careless passing driver. She was attempting pass cars on the right while heading southbound when she swerved back into her lane and slammed into the victim’s car. Upon impact, the victims’ vehicle went into the median and flipped over onto its side. The driver, a passenger and an 8- and 12-year-old child were taken to Mercy Hospital.

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Officers recently responded to the scene of a fatal accident involving a Pan Am Railways freight train and a pedestrian. According to Bangor Daily News, the accident happened just before 8:00 p.m. Officers were forced to shut down a section of Forest Avenue — the part that runs from Walton Street to Woodford’s Corner.Officers received a report that a pedestrian was struck by a freight train at that crossing. They haven’t identified the pedestrian.

Our Portland injury lawyers understand that there were close to 2,000 railroad accidents at public and private crossings in the U. . in 2012. Of these accidents, there were close to 300 people killed, according to Operation Lifesaver. In addition, there were another 950 people injured in these accidents. Did you know that there are more than 210,000 railroad crossings, approximately 129,644 intersect with public roads in the United States?sAbout every 90 minutes, there is a train derailment or a train collision. Currently, railroads are self-regulated and fall under the scrutiny of the federal government.

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SAFE KIDS Maine
warns that celebrators (of all ages) are at some serious risks for burn, cut and other serious injuries through the Fourth of July holiday.According to the Consumer Product Safety Commission (CPSC), there are 200 a day (on average) who are sent to the E.R. because of a firework-related accident in the month that surrounds the Fourth of July. That’s about 90 percent of all of the fireworks accidents we saw in 2012. Homemade and illegal fireworks were involved in all 6 firework-related fatalities during the year.

Our Portland personal injury lawyers understand that the hands and fingers are the most commonly injured body parts in these kinds of accidents. But the truth of the matter is that there’s a lot more to risk during this time of the year. Following hands and fingers, heads, faces and ears are the second most common body parts to be injured in firework accidents, following by the trunk. In these accidents, more than half were burns.

Injuries by Fireworks Type:

-Unspecified – 25 percent.

-Firecrackers, 23 percent.

-Bottle Rockets: 12 percent.

-Sparklers – 12 percent.

-Reloadable Shells: 9 percent.

-Novelties: 5 percent.

-Roman Candles: 4 percent.

-Multiple Tubes: 3 percent.

-Fountains: 2 percent.

-Public Displays: 2 percent.

According to the CPSC, those between the ages of 25 and 34 are the most likely to be injured in these kinds of accidents. Men are more likely to be injured than woman.

Males were most injured from firecrackers, roman candles, reloadable shells, sparklers, novelty devices and rockets while women were most injured at public fireworks displays. Men account for about 75 percent of all firework-related injuries while women only account for 25 percent.

Before planning for your Fourth of July celebration, you want to make sure that fireworks are legal in your area. You should also keep them away from children and only use them one at a time. Any kind of altered firework can serve up some serious risks for an accident, so make sure you read the instructions and the warning labels before use.

You’re also asked to be extremely cautious on our roadways over the holiday period. Fourth of July continues to rank more deadly than any other holiday throughout the year. With the increase in travel, your risks for an accident skyrocket.

It is usually the day of cookouts and fireworks, but the fourth of July is also the day that close to 135 people die on the roads each year, according to the Insurance Institute for Highway Safety (IIHS).

That’s why, in addition to firework safety, our personal injury attorneys are stressing that motorists buckle up, drive at safe speeds, pay attention behind the wheel and be sure to plan ahead for a sober ride for the holiday.

We wish you a safe and Happy Fourth of July.

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A sawmill company in southern Maine is facing nearly $80,000 in potential fines from the Occupational Safety & Health Administration, following a host of workplace safety violations noted by inspectors.Our Bangor personal injury lawyers understand the inspection by federal authorities took place back in December. The three repeat violations account for nearly 70 percent of the entire fine amount.

It is truly a wonder that no one was seriously hurt. The potential is certainly still there if the Jefferson-based firm doesn’t clean up its act.

According to OSHA records, the company’s repeat violations include:

  • Failing to use energy control procedures that would prevent workers from being struck by a logging carriage;
  • Failing to post warning signs and barriers that would bar entry to the logging carriage path;
  • Lack of guardrails along elevated walkways.

These same violations were noted at the same firm during an inspection back in 2009. A repeat violation is one in which the firm has been cited by the company for the same offense within the last five years.

OSHA said that these particular offenses left workers vulnerable to a dangerous fall or even being hit by heavy machinery. The employer knew this was a problem because it had been cited before – and still failed to take corrective action.

The firm was additionally cited for four serious violations:

  • Use of an industrial truck that had a defective emergency brake;
  • No assurance of machine guarding for prevention of worker contact with the moving parts of the grinder and saw;
  • Incomplete energy control procedures;
  • Having an extension cord underground.

Any one of these could have resulted in serious injury or possibly even death of a worker, OSHA reported. The employer either knew of this danger or it should have known. The proposed penalties for these violations are about $25,500.

The firm has two weeks to comply with the standards and pay the fines or to contest the findings.

Maine has more than 100 sawmills throughout the state, and most of them appear to take safety seriously. OSHA notes that sawmill workers are in one of the most dangerous professions. They are dealing with massive, heavy materials that are frequently at risk of rolling, sliding or falling. The equipment is also hazardous, particularly if it is not equipped with the proper safeguards. Common injuries include severed fingers, lacerations and blindness. Additionally chemicals and wood dust may contribute to respiratory diseases.

Workers may also be toiling in conditions where the terrain is uneven, rough or unstable, where there is inclement weather and isolated work sites may make health care facilities less accessible than for other occupations.

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In the state of Maine, there are around 1,170 miles of railroad tracks. Along these tracks, Pan Am; Maine, Montreal & Atlantic Railroad; and other railroad companies carry passengers and freight. In the vast majority of situations, the trains travel uneventfully along the tracks to their destination.

In some instances, however, a train doesn’t manage to stay on the tracks. This is called derailment. Our Bangor injury attorneys know that train derailments can be a very serious problem and can result in people aboard or near to the train suffering serious injury. Fortunately, train derailments in Maine are relatively rare, although when they do occur the consequences can be disastrous.

Train Derailments in Maine
According to the Bangor Daily News , 69 trains derailed along the railroad tracks of Maine over a ten year period between January 1, 2003 and December 31, 2012.

This isn’t a lot of derailments over a decade, and the news is even better than it seems because many of the incidents happened earlier in the decade. From 2009 to 2012, for example, there were only six derailments each year, down from 11 derailments in 2006. This indicates that there is a downward and stabilizing trend when it comes to train derailments.

Also good news is the fact that many of these train derailments were relatively minor, with some small cars coming off of the track but the train and all its cars staying upright. These accidents generally occurred at very low speeds- less than 10 miles per hour- which helps to explain why little or no damage was done by the derailment.

With so few derailments and with such minor damage caused by trains going off the track, many people overestimate the risks of train accidents. The Bangor Daily News indicates that this is because derailments are often sensationalized and over-emphasized in the media, making them seem like a big deal and making them seem more newsworthy.

Train Accidents and Toxic Exposure
While the data on train accidents and damages might paint a rosy picture of railroad travel in Maine, the trains are not without problems. One of the biggest issues in recent years seems to be that the train accidents are putting people at risk due to the things that the trains are carrying.

For example, in August of 2009, 20 out of 80 train cars jumped the tracks near Gilead, a town on the New Hampshire border. One of the cars was carrying a cargo with ethanol. The car was punctured and ethanol vapors escaped the train, necessitating an evacuation of a nearby camp.

Another incident occurred when four train cars on a 31-car train fell off the tracks and into the Penobscot River, resulting in the spill of more than 400-500 gallons of nonhazardous synthetic latex chemicals used in paper making. And, more recently, a 15-car derailment occurred in March as the train was carrying crude oil through Mattawamkeag.

These recent derailments have raised concerns about the movement of crude oil and potentially dangerous substances because, while there may be few derailments, the consequences can be great if the train cars that leave the tracks result in poisons or chemicals entering the land, water or air.

Remember, train accident victims can include those hit by or hurt on a train but they can also include others who suffered illness due to toxins, property damage or any other injury arising as a direct result of the train derailment.

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Officials with the legislative delegation of Washington County recently met with representatives from the Maine Department of Health and Human Services and other safety and health officials to discuss the recent closure of Calais’ only licensed nursing home.

According to BDN Maine, the closure eliminated more than 50 beds belonging to the Atlantic Rehabilitation and Nursing Center in Calais. Not only were residents kicked out, but more than 90 health care workers were left without a job.Currently, there are nursing homes that are closing all over the country. All of these closures highlight what challenges the industry is facing. Nursing homes are typically run by large chain corporations and are for-profit organizations. To help to keep your elderly family members safe, you’re urged to do your part and to lookout for the signs of neglect or abuse among elderly residents when you visit a nursing home.

Our Bangor nursing home abuse attorneys understand state and federal budget cuts have further exacerbated the issue. Choosing the right nursing home for a loved one is a critical first step to ensuring they will live out their days with the peace and dignity they deserve.

To helpmake sure that elderly residents have a place to turn and that these healthcare workers get back to work, officials in the area are looking at various low-interest loan programs.

“I was impressed by the level of commitment from local officials to ensure that there is a nursing facility presence in this community,” said Kenneth Albert, director of the state’s Division of Licensing & Regulatory Services.

The closure of the facility came as a surprise to the community. Officials are trying to open a new location in Ellsworth, which is 90 miles southwest of Calais!sResidents and patients of the facility were left stranded and perplexed, wondering where they’ll go next as there’s been a chronic scarcity of nursing home vacancies throughout the county.

According to the CEO of First Atlantic, Kenneth Bowden, the closure was purely based on finances. The facility was costing more than it was bringing in. At one point in the decision, he suggested that the facility turn itself over to the city as another kind of nonprofit entity so that it would be eligible for higher levels of state reimbursement for resident care.

Before choosing a nursing home in the state of Maine, NursingHomeRank.com suggests the followingt:

-Visit potential nursing homes as much as you can before making a decision.

-Get input from the entire family. More people may be able to point out more bugs in the system.

-If you hear of any complaints or concerns from anyone, make sure you talk with the facility to get the entire story and to help to raise awareness.

-Make sure to look at the ratings of each potential home. Get consumer reviews and ask around.

-Be sure to visit homes during off-peak hours to see how many individuals are staffed and how much attention residents are getting.

-Consider cost, location, bed availability, quality of care, need and provision of services before choosing a home.

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