Portland wrongful death lawyer Tag Archives

August 30, 2016

Kay v. Wiggins – Maine Wrongful Death Lawsuit Barred by Workers’ Compensation Exclusivity

In most situations wherein someone’s injury or death is caused by the negligence of another, a civil lawsuit may be in order. However, if the injured party was working or acting in the course and scope of employment at the time of the accident, the case could become more complicated.

Workers’ compensation laws in Maine contain something known as an exclusive remedy provision. This means that the only remedy one has against his or her own employer for work-related accidents, injuries and illnesses is workers’ compensation, which typically covers medical bills and a portion of lost wages, but nothing else. There can sometimes be grounds for a third-party lawsuit against others aside from the employer. There are also situations in which entities wrongly label themselves as “employers” when in fact they are not, in which case litigation is still appropriate.

These are matters that must be handled by an experienced Portland injury lawyer. Continue reading

April 30, 2016

Fatal Fall From Portland Hospital Window Was Negligence, Family Says

by Peter Thompson & Associates

The family of a motorcycle accident victim who died after falling six stories from his hospital room window says he was not suicidal. Disoriented? Yes. He was suffering from brain injuries, his daughter said. He wanted to go home.

But the hospital had a duty to make sure he was safe and not a danger to himself.

Determining whether his fatal injuries were the result of general negligence or medical malpractice will be part of what the family’s recently-hired injury lawyer will be exploring. Continue reading

April 15, 2016

Widower of Maine Car Accident Victim Sues Two Drivers

by Peter Thompson & Associates

The surviving husband of a 67-year-old woman who died as a passenger in a Maine car accident has filed a lawsuit to recover damages from the two drivers involved in the wreck. One of those drivers is a young, uninsured motorist who was without a license at the time of the crash. The other is his late wife’s sister.

Although it may seem unsettling that one would take legal action against a relative, especially one who has likely already suffered such trauma, there is a very practical reason for such action. It has to do with insurance coverage and the fact that the 22-year-old driver who struck the two women didn’t have any.

Meanwhile, decedent and her sister were covered by uninsured motorist (UM) coverage and underinsured motorist (UIM) coverage. These coverage forms will provide coverage when the at-fault driver(s) either don’t have any insurance or when the insurance available isn’t enough. Continue reading