Articles Tagged with Bangor injury lawyer

A Maine girl must now use a wheelchair for the rest of her life after pediatricians wrongfully diagnosed her with severe constipation, rather than the acute leukemia from which she was actually suffering. That was the claim made by the plaintiff in a Maine medical malpractice lawsuit against the practitioners and a walk-in clinic. That claim was recently settled with a $1.9 million settlement, which will be placed into a trust for the girl. Her parents told The Bangor Daily News they hope the settlement will help improve the quality of life for the girl, who will likely never walk again.doctor

According to reports, the girl’s parents brought the six-year-old into a walk-in clinic on one February day in 2014. They knew she was very sick. Two doctors diagnosed her with severe constipation and assured her parents this issue would pass. However, her parents grew increasingly worried because their daughter’s fever did not subside, her stomach grew hard and distended, and her eyes were glazed over.

Concerned, her parents took her to Maine Medical Center in Portland. Four days after seeing the first pediatrician in the walk-in clinic, she was diagnosed with an aggressive form of childhood cancer. Her parents say from the moment she began treatment at the larger facility, their daughter’s health began to improve drastically. However, the delay in her treatment initially resulted in leukemia cells blocking blood flow from the girl’s lower spine to her legs, rendering her paraplegic.

Most businesses carry general liability insurance, particularly if they invite customers on site to do business. That’s because under Maine statutes, a person who is invited onto the property for the financial benefit of the property owner is owed the highest duty of care and has the right to expect they will be reasonably safe. General liability insurance typically covers businesses from liability lawsuits stemming from claims like slip-and-fall injuries, falling merchandise, or some other dangerous condition. bar

However, those establishments that sell alcohol and invite patrons to drink on site should consider additional coverage because there are claims unique to these entities. For example, some bars and restaurants face the possibility of dram shop liability, in which those injured by a drunk driver can sue the bar where workers served that driver alcohol. Another possibility is that of third-party liability for criminal assault. Of course, there is a potential for this kind of action in many different business settings, but especially so at a bar where patrons’ inhibitions may be lowered, making some more aggressive and others more vulnerable.

In a recent Maine Supreme Judicial Court case, the question is whether an insurance company should have to indemnify the business for injuries sustained by a man who was beaten by a fellow patron at the bar. The claim by the bar against the insurer doesn’t have a direct bearing on the injury lawsuit filed by the patron, except that by making the bar directly liable rather than the insurer, there is a risk the bar won’t be able to pay out the full damages, depending on how much those damages are and the health of the business.

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There are many challenges drivers face as they age. Vision deteriorates and reflexes dull. That’s why many states – including Maine – have provisions in place requiring senior drivers to undergo additional testing and in-person renewals.older people

The Maine Bureau of Motor Vehicles is one of the more stringent. Drivers are first required to undergo a vision test at age 40 in order to renew their license. Drivers older than 65 have to renew their state-issued licenses every four years, as opposed to every six years, as younger drivers do. Drivers 62 and older are required to undergo a vision test every second renewal. The bureau also accepts requests from anyone with personal knowledge of a driver who may pose a safety concern to others. Road tests may be required if the bureau has reason to believe the driver may be unfit. Bureau personnel have the authority to restrict the driver’s licenses of elder drivers to prevent them from driving when it’s dark or only allow driving within a certain area.

As the population ages (the U.S. Census opines the percentage of the over-65 population will more than double by 2050), states are not rushing to impose additional regulations. In fact, some state legislatures have actually been actively rejecting these measures, according to a recent report published by the Portland Press-Herald. In fact, while 60 million older adults are expected to be on the nation’s roadways by 2030, some legislators are taking the position that licenses should not be restricted solely on the basis of age.

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A judge in Central Maine ordered two pit bull dogs euthanized after an August attack in Augusta resulted in the death of a much smaller dog and serious injuries to the deceased animal’s owner.pitbull

The owner of the two pit bulls, who also owns a dog grooming business, had advocated in the Capital Judicial Center to spare the dogs’ lives. During a two-day non-jury trial, the owner had been accused of two civil violations for keeping a dangerous dog. Title 7, Part 9, Chapter 727 of Maine Revised Statutes holds that a person who owns or keeps a dangerous dog commits a civil violation, for which the court must impose a fine of between $250 and $1,000 – none of which can be suspended. If someone is injured as a result of an attack by a dangerous dog, the court can order the identification and confinement of the dogs, as well as restitution paid by the dangerous dog’s owner. If a dog owner or keeper refuses or neglects to comply with a previous court order, and the dog wounds a person or domestic animal, the owner or keeper has to pay the injured person treble damages and costs that are recovered in a civil action.

Chapter 729 of the state’s revised statutes goes over injuries and damages caused by animals, holding in part that when an animal damages a person or property due to the negligence of the dog’s owner or keeper, the owner or keeper is liable in a civil action to the injured person for the amount of the damages caused, as long as the harm wasn’t occasioned by the fault of the injured person. The only time damages would not be owed to a person injured in a dog attack would be if the court finds the injured person’s fault exceeded that of the dog’s keeper or owner.

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A Maine car accident resulted in injuries for a 38-year-old woman in Holton when she was rear-ended on I-95 by an unknown driver, sending her car careening off the road and into a cluster of trees. Her car was crushed by the impact of the collision, but the other driver never stopped – as required by Maine statute. The Bangor Daily News reports authorities later received a tip that a 28-year-old Texas man may have been involved, since his Ford F-350 with significant front end damage was being repaired at a local garage. He was reportedly not injured in the crash, and authorities located him at a local motel. They have charged him with leaving the scene of a crash involving a personal injury, driving to endanger, and operating with a suspended license. crashed car

Many people erroneously think that if you are struck in a hit-and-run accident, you can’t make a claim for a personal injury lawsuit because either the driver was never located, or the driver didn’t have any insurance. which is why they fled in the first place.

However, victims of hit-and-run crashes in Maine are not without options, as our experienced personal injury lawyers can explain. One of the best options for victims is uninsured motorist (UM) coverage, which allows car accident victims to pursue compensation from their own auto insurance company for injuries caused by an uninsured – or unidentified – at-fault driver. There is also underinsured motorist (UIM) coverage, which helps make up the difference when an at-fault driver’s auto insurance doesn’t cover the full extent of your damages.

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Back injuries are the most common type of injury suffered on the job, according to the latest data from the U.S. Department of Labor Statistics. What’s more, the Maine Department of Labor reports the problem is getting worse here in The Pine Tree State.worker

Federal analysis indicates that in 2014, there were approximately 200,000 cases in which workers missed at least one day of work because of a back injury. That’s out of 1.15 million total instances of missed time for occupational injuries.

Meanwhile, the Maine DOL reports injuries to the lumbar spine (the lower back) represented 14.3 percent of all work-related injuries. Compare this to 2009, when lower back injuries comprised 10.7 percent of all work injuries.

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Maine requires all drivers to purchase uninsured/ underinsured motorist (UM/UIM) coverage, and it often comes into play in many car accident lawsuits. The minimum limits of UM/UIM coverage are $50,000 per person and $100,000 per accident. Typically, it’s a good idea if you can afford it to purchase more than that, as a serious auto accident can result in damages that far exceed that amount. cardriving

Uninsured and underinsured motorist coverage can apply if you are:

  • Injured in a crash caused by a driver with no car insurance;
  • Injured as a pedestrian bicyclist or skateboarder struck by a vehicle;
  • Injured in a hit-and-run accident or in a situation where a “phantom vehicle” enters your lane and causes you to veer off the road;
  • Injured as a passenger in a motor vehicle;
  • Injured in a crash caused by a driver whose bodily injury liability limits are lower than the limits of your UIM coverage.

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A driver was recently critically injured following a three-car crash that ended with one vehicle slamming into the front of the Gothic building in downtown Belfast, an hour south of Bangor. storefront3

According to The Bangor Daily News, officers believe an older man in a Sedan with Massachusetts plates was speeding down the hill on Maine Street around 1 p.m. when he suddenly crossed into opposing traffic and slammed into a van at a five-way intersection. He then drove straight into a parked vehicle and then into the front of a building. The parked vehicle was also sent flying up over the curb, just in front of the Bangor Savings Bank.

The occupants of that parked vehicle – which included a toddler in his car seat – were not seriously injured.  Continue reading

A defective auto part cost a young boy his bright future, prompting the Texas jury deciding his car accident injury lawsuit to award $124 million in damages to his family. cars

The 7-year-old suffered severe and irreversible brain damage, as well as blindness and partial paralysis as a result of the rear-end collision. The boy was seated in the backseat, behind his father, who was driving. His father had stopped for a school bus. The car behind him failed to stop.

But while the boy’s younger brother, who was seated next to him in the back, emerged from the crash relatively unscathed, this young man suffered severe injuries. That’s because upon impact, the father’s seat collapsed backward, causing the father’s head to collide with son’s at high force. The result was that the boy almost died.  Continue reading

Car accidents in Maine claim hundreds of lives each year. In an effort to better understand the many factors that contribute to these lethal incidents, the Maine Department of Transportation keeps track of crash data, including time, location and cause. caroncurve

Recently, local news station WCSH6 analyzed the data, which was collected from a three-year time frame from 2012 to 2014. One of the elements reporters zeroed in on was location. As one DOT spokesperson pointed out, this allows traffic safety officials to target areas of particular concern.

In Bangor, the city’s engineer said he uses this information when he receives calls from concerned residents regarding areas they describe as “the worst” for traffic crashes.  Continue reading