Maine Injury Lawyer Blog

October 28, 2020

Maximizing a Maine Accident Victim’s Recovery when Restitution is Insufficient

Under Maine law, an individual who suffers injuries because of another’s negligence or reckless conduct may hold at-fault parties or entities responsible for their damages. In some cases, the other party may be responsible under both civil and criminal statutes. Generally, tort or civil claims involve situations where one or more parties’ negligence directly or proximately causes personal damages to another person. Whereas criminal conduct involves a wrong committed against society, in general. The difference between this conduct generally involves the method of wrongdoing, the actor’s intent, and the effect on society. However, in some cases, a tort activity may involve criminal conduct. In either case, a victim may be entitled to damages through civil awards or court-ordered restitution.

Court-ordered restitution is “monetary reimbursement ordered at the offender’s sentencing.” This reimbursement may include a combination of monetary compensation or services by an offender to the victim of a crime and the economic loss caused by the crime. Under the law, criminal courts cannot impose restitution for pain and suffering. In cases where restitution is a condition of an offender’s probation, a probation officer will monitor compliance. Also, the Maine Crime Victims’ Compensation Program may provide additional compensation for a victim’s expenses.

Victims must understand that criminal restitution does not negate their right to civil damages. Court-ordered restitution and civil damages serve different purposes. Victims who seek compensation through the civil system do not need to establish that the victim was guilty through the criminal system. Restitution is designed to rehabilitate the offender and deter future criminal behavior. In contrast, a civil judgment is aimed at compensating the plaintiff for their losses. Although civil plaintiffs can recover through restitution, this does not always cover the extent of the victims’ losses.

October 26, 2020

Common Evidentiary and Discovery Issues in Maine Medical Malpractice Lawsuits

by Peter Thompson & Associates

Recently, the Maine Supreme Judicial Court issued an opinion addressing whether medical records of individuals who are not parties to a lawsuit are protected from discovery. The case arose after a patient died shortly after undergoing gallbladder surgery. The decedent’s estate argued that the surgeon negligently cut the incorrect duct and caused bile to leak into the woman’s abdomen, resulting in additional surgeries, extended recovery, and additional treatments. The estate filed a lawsuit against the hospital that employed the surgeon, arguing that it was vicariously liable for the doctor’s negligent conduct.

In support of its claim, and per Maine’s statutory scheme, the decedent’s estate went through the pre-litigation screening process. At the screening panel, the plaintiff claimed that the safest manner to perform the surgery was through a procedure called the Critical View of Safety (CVS), and that the doctor did not implement this procedure. The defendant’s expert testified that although that procedure is commonly regarded as the safest way to perform the procedure, a surgeon is within the standard of care if they use an approach they are comfortable with. The doctor testified that she performs approximately 200 surgeries every year, and she does not use the CVS method.

The estate filed a motion to compel the doctor’s notes, with redactions, for the 25 gallbladder surgeries she performed before and after the decedents’. The defendant did not produce the documents, arguing that the records were irrelevant and violated privacy laws.

October 14, 2020

Maine Court Rules in Favor of Plaintiff in Bystander Negligent Infliction of Emotional Distress Claim

by Peter Thompson & Associates

When you witness an accident, especially involving a close family member or loved one, it can often be a traumatic experience. Thankfully, the law provides various opportunities to recover in the wake of these incidents. When a bystander only hears — and does not see — an accident occur, however, the legal calculus can often become complex.

In a recent Maine Supreme Court opinion, a couple sued after an accident resulted in their son’s death. The plaintiffs had their own company and employed their son as a foreman. On the day of the accident, an employee of the defendant arrived at the plaintiffs’ home to deliver supplies. The delivery included multiple pieces of extremely heavy concrete. During delivery, one of the pieces fell off the forklift and landed on the plaintiffs’ son. The plaintiff’s father was in another part of the house when he heard a loud bang, followed by screaming. He ran to the scene and found his son lying face down with blood coming out of his mouth. After the concrete was removed, the plaintiff performed mouth-to-mouth resuscitation on his son for thirty to fifty minutes. The plaintiff’s son never regained consciousness and died by the time EMTs arrived. For several hours after he died, his body remained in the yard of the plaintiffs’ home awaiting the official investigation.

Following the accident, the deceased’s father was unable to move back into his home because of emotional pain and threatened suicide several times to his wife. The couple was later divorced. The deceased’s father filed a bystander negligent infliction of emotional distress (NIED) claim individually, and the deceased’s mother filed a loss of consortium claim against the defendant. The lower court ruled in favor of the defendant, and the plaintiffs appealed.

October 7, 2020

Maine Personal Injury Lawsuits Brought Against Government Agencies

by Peter Thompson & Associates

Under state law, a negligent city, town, county, or state government official may be held liable for negligence through a Maine personal injury lawsuit. However, unlike typical personal injury claims, these cases impose significant burdens on injury victims. For over a century, the doctrine of sovereign immunity protected states and government agencies from civil lawsuits for their negligent conduct. However, to address the inherent unfairness in the doctrine, lawmakers have determined that these laws are not absolute.

Those who have suffered injuries because of a Maine government entity’s negligence may file a lawsuit under the Federal Tort Claims Act (FTCA) or the Maine Tort Claims Act (MTCA). The avenue of relief depends on the case’s circumstances, including the defendant, injury, and accident location. The FTCA provides Maine citizens a way to hold federal government employees liable for their tortious acts. On the other hand, the MTCA, is more restrictive, and allows these lawsuits in limited circumstances.

Under the MTCA, injury victims can pursue lawsuits against government employees under four circumstances. The first circumstance includes when the lawsuit stems from the government’s negligent ownership or maintenance of a vehicle or machinery. The following situation, is when the injury occurred at a public government building. This includes locations such as police stations, fire departments, public schools, and libraries. However, the government is not liable for accidents occurring because of the ownership or maintenance of areas such as historical sites or unimproved land. Lastly, the government may be liable for damages resulting from road construction or pollutant discharge.

September 28, 2020

Steps to Take After a Maine Car Accident

by Peter Thompson & Associates

As people become accustomed and adjust to social distancing and the “new normal,” our shopping centers and roads are becoming busy again. With more people out and about, that also means a higher likelihood of potential accidents. Car collisions can truly occur anytime, anywhere, and often happen when you least expect it to. When you find yourself involved in an accident, sometimes it can fuel a lot of adrenaline and anxiety. However, everyone should take a few crucial steps when they’re involved in a Maine auto accident, especially in regards to reporting the incident to the proper authorities.

A recent news report discussed a car accident that took place near the entrance of a shopping center and left at least one individual hospitalized. According to those on the scene who witnessed the accident, a car collided with a sign placed where two lanes diverge. The car then slid into the opposite lane and crashed into a truck. Following the accident, local fire rescue, police, and the sheriff’s office all responded to the crash. Many cars near the accident were trapped in the lane and surrounded by emergency vehicles until law enforcement could re-direct traffic around the scene of the accident.

Auto accidents can be an extremely stressful experience, and are often laced with chaos and confusion. In Maine, following a car accident, state law requires that you file a report to the police if you are on a public road and have caused more than $1,000 in property damage or bodily injury. In parking lots or private property, however, you do not have to report. Failure to notify the local authorities of an accident is considered a Class E crime and can result in your license being suspended.

September 21, 2020

Maine Product Liability Law Concerning Defective Amazon Products

by Peter Thompson & Associates

Product liability claims generally arise when an individual suffers injuries as a result of a defective or unreasonably dangerous product. Under Maine product liability law, any person who is a “reasonably expected” user of the defective product may have standing to file a lawsuit, regardless of whether they purchased the product. Further, although many products have limitations on warranties, state law provides that manufacturers and sellers cannot limit the implied warranties on consumer products. It is important to note that the law distinguishes between consumers and commercial purchasers. Despite the broad rights and remedies that consumers have, Maine product liability lawsuits often entail many challenges.

Maine product liability claims are often complicated, especially when the defective product was bought through Amazon, or a similar online retailer. Historically, Amazon maintained protection for defective products purchased through their site. However, the tide has begun to turn, and courts have found that Amazon cannot always shield itself from liability for defective products. This policy shift has occurred mainly after a series of situations where consumers suffered injuries from defective products sold by third-parties. However, lawmakers are now focusing on Amazon’s liability for its own defective merchandise.

A recent news report indicates that senators across the United States are demanding that Amazon recall hazardous Amazon-brand products. Many of these products are marketed under “AmazonBasics.” Safety experts discovered that many defective products remained available for sale, despite reports that they presented fire hazards. Senators wrote to Amazon CEO, Jeff Bezos, indicating that Amazon’s refusal to remove defective products may pose a serious threat to consumers.

September 15, 2020

Filing a Personal Injury Lawsuit after a Maine Head-on Collision

by Peter Thompson & Associates

Maine head-on collisions are typically some of the most devastating types of accidents because they tend to lead to serious injuries or death. Unlike other collisions, head-on collisions involve two cars that are traveling toward each other before the accident. In these accidents, the drivers and front passengers are often flung toward, and maybe through, the front windshield. According to the Insurance Information Institute, head-on collisions account for approximately 2 percent of motor vehicle accidents, but they lead to 10 percent of yearly accident-related deaths.

For example, recently, a Maine news report described a harrowing head-on collision involving a car and a pickup truck. An initial investigation revealed that a sedan heading east crossed into a center lane. The pickup truck driver was traveling westbound when the sedan slammed into his vehicle. The sedan driver was not wearing a seat belt and was ejected from his car. His female passenger was wearing a seat belt but died at the scene of the accident. The pickup truck passengers were wearing seat belts, but were transferred to a hospital for their injuries.

Like the collision above, most head-on accidents occur when a motorist crosses to the wrong side of the road. Although these situations may occur because of poor road conditions, defective vehicles, and bad judgment, the majority occur because of driver impairment. The at-fault driver may be fatigued or driving under the influence of drugs or alcohol. In fact, the Centers for Disease Control cites drowsy driving as a leading cause of head-on collisions.

September 8, 2020

Maine Motorcycle Accidents and Helmet Laws

by Peter Thompson & Associates

For many people, motorcycles are a preferred method of transportation for their day-to-day transportation needs. Motorcycles are often less expensive to buy and own when compared to a car, they are faster, and need less storage space and gas. For these reasons, motorcycles seem to be growing in popularity for both commuters and casual riders. However, motorcycles can also pose a number of unique dangers – especially when ridden without a helmet. This is why many states, like Maine, have implemented helmet laws in order to increase road safety for motorcycle operators and to encourage the community to engage in safer practices when they choose to ride a motorcycle.

In a recent news report, two Maine residents were killed in a tragic motorcycle accident. The two individuals were on their motorcycle when it collided head-on with an SUV coming from the opposite direction. The pair were traveling on their motorcycle when they veered into the lane of oncoming traffic. The driver of the SUV was transported to a local hospital with some complaints of pain, but his passenger was uninjured. Both motorcycle passengers were reported dead on the scene, and neither were wearing helmets.

Across the U.S., not all states have helmet laws. However, Maine has had a mandatory motorcycle helmet law since 1967. In Maine, violations of helmet laws can lead to a traffic infraction. Motorcycle and moped operators in Maine must always wear protective headgear or a helmet if they are under 18, under a learner’s permit or within a year of completing a driving test, or the passenger of a driver required to wear headgear.

August 26, 2020

Maine Food Poisoning Lawsuits Following Salmonella Contamination

by Peter Thompson & Associates

Salmonella is a common bacterium associated with many food-related illnesses in the United States. There are many challenges with containing the bacteria because it cannot be seen, smelled, or tasted. Despite the benign presentation of food products containing salmonella, the consequences of ingesting it are often severe. The bacteria often result in salmonellosis, an illness marked by severe gastrointestinal distress, including vomiting, diarrhea, and stomach cramping. Individuals who suffered illness related to contaminated foods should contact a Maine product liability attorney to discuss options for recovering for their losses.

Although salmonella infections occur infrequently, the contamination can cause serious illnesses leading to hospitalization and even death. Salmonella poisoning is particularly dangerous for medically vulnerable individuals. These populations include pregnant individuals, infants, older adults, and those undergoing treatment for cancer and other serious conditions. Many infections stem from foods processed with contaminated meat and nut butter, raw eggs, dairy products, raw or undercooked meat, and raw fruits and vegetables. Salmonella poisoning occurs more often in the warmer temperatures, as the bacteria grow faster with heat. Further, many people consume a more substantial amount of raw fruits, vegetables and undercooked meats during the warmer months.

For instance, according to a recent news report, the Food and Drug Administration (FDA) recently advised consumers to discard peaches that they believe carry salmonella. After nearly 70 people suffered illnesses related to salmonella contamination, the FDA discovered that the common denominator was peaches packed by a specific company. The packing company explained that the majority of their peaches were sold to one grocery chain, Aldis, but they were distributed to others across 16 states. FDA officials explained that determining the cause of contamination is challenging because contamination can occur at any step of distribution, including picking, transporting, packing, handling, and unloading.

August 18, 2020

One Dead Following Tragic Maine Boat Crash

by Peter Thompson & Associates

During these warmer summer months, everyone is heading outdoors to cool off. While some people prefer to spend their days by the pool, others have been enjoying the warmer weather by spending a day on a lake or the ocean. Although these trips are usually filled with fond memories and valuable time spent with friends and family, many of the recreational activities that take place at the lake or beach can be dangerous and lead to accidents. When such accidents occur, those who are responsible may be held accountable through a Maine boat accident lawsuit.

In a recent news report, a tragic boat collision on Toddy Pond left a local man dead. During a gathering of friends and family, a boat was struck from behind by a a teenage girl operating a jet ski who was also part of the group. The jet ski accelerated suddenly and collided with the boat’s stern as the two boats were traveling through a headway speed portion of Toddy Pond.

The victim was with several others dangling their feet in the water sitting on the back of the boat when struck by the jet ski and thrown into the water. The victim was not wearing a life jacket. In addition, a thirteen year-old boy who had been wearing a life jacket was also injured by the jet ski and was brought to a local hospital with head, leg, and potential internal injuries. According to the authorities, on board the boat were thirteen people, and a driver and passenger on the jet ski. Local officials and a dive team found the victim’s body in Toddy Pond, and the collision remains under investigation.