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Maine Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury and Landlord - Tenant for Maine on
Q: At what point in the settlement process for personal injury do medical records need to be made available to the OP?

No formal response to our demand letter has been received yet, but the opposing counsel representing an insurance company has verbally hinted to our attorney that they may consider a settlement for less than a quarter of the damages their client (our landlord) caused. They want our medical records... View More

James L. Arrasmith
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answered on Mar 31, 2024

In a personal injury case, the exchange of medical records typically occurs during the discovery phase, which starts after a lawsuit is filed. However, in many cases, the parties engage in pre-litigation settlement negotiations before a lawsuit is formally initiated. During these negotiations, the... View More

1 Answer | Asked in Personal Injury for Maine on
Q: At what point in the settlement process does one make medical records available to the OP?

The OP’s insurance company has verbally hinted that they *may* be willing to *consider* settling outside of court for a quarter of the actual damages their client is responsible for, but they want my husband and I to surrender our medical records first. Our lawyer has told us it’s our job to... View More

Tim Akpinar
Tim Akpinar
answered on Mar 7, 2024

A Maine attorney could advise best, but your question remains open for a week. Your attorney is correct. Their request is not a "fishing tactic," as you suspect. That's the way the bodily injury claims process works. They need your records to evaluate your injuries. The records are... View More

1 Answer | Asked in Criminal Law, Personal Injury and Car Accidents for Maine on
Q: Premeditaded crime or culpable homicide?

Should a person who has been involved in a car accident due to reckless driving - an accident which has led to the death of the passenger with him - while on his way to the scene of another premeditated crime in which he was an accomplice have what penalty imposed on him?

Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2023

If the question is what penalty can be imposed for a manslaughter charge involving reckless driving, the answer is the maximum penalty is 30 years. The court looks to a number of factors to determine the appropriate sentence, including the way the crime was committed, and the individual who... View More

1 Answer | Asked in Health Care Law and Personal Injury for Maine on
Q: Wondering if I would have a case worth pursuing against a hospital who i feel gave an unsafe discharge

~ I was discharged after refusing to take dilaudid after being given fentanyl in the ambulance. I was unable to walk, but given crutches and told to walk anyways. I was unable to use bathroom safely. I was left in waiting room by myself without discharge instructions and with a prescription written... View More

Tim Akpinar
Tim Akpinar
answered on Jul 25, 2023

A Maine attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. Try to arrange a free initial consult with an attorney - that would be the most definitive way to answer your question. If an attorney felt that you might have the basis for a case,... View More

1 Answer | Asked in Personal Injury for Maine on
Q: If one is over-served alcohol at a casino and pass out, then they call ambulance,are they liable for medical bills?
Tim Akpinar
Tim Akpinar
answered on Apr 27, 2023

A Maine attorney could advise best, but your question remains open for two weeks. It could depend on the breadth and scope of the state's Dram Shop laws. These laws can differ from state to state. They are commonly applied in settings involving third-party victims, as in motor vehicle... View More

1 Answer | Asked in Personal Injury for Maine on
Q: Am I liable if someone gets hurt on a swim float that I purchase and install on a lake in Maine?

I am a homeowner that's part of a lake association with a deeded access and rights to the association's beach and swim area. I would like to purchase and install a swim float on the lake out in front of the beach. My question is if I could be liable for someone using the float and... View More

Anthony K. Ferguson
Anthony K. Ferguson
answered on Mar 24, 2023

You need to review the language of the document that gives you access to the beach. I doubt that it gives you the right to put in a float.

1 Answer | Asked in Personal Injury, Civil Litigation and Elder Law for Maine on
Q: I’ve been staying at my mother’s apartment, temporarily. She and her neighbor, across the hall, both in their 80’s, were

cordial, but not close. It was revealed, without a doubt, this neighbor placed a false complaint to the state’s elderly abuse hotline naming me as the culprit. Last week, we woke early to welcome a caseworker and police investigator into the apartment. They both explained,“we get many calls out... View More

Tim Akpinar
Tim Akpinar
answered on Dec 5, 2021

A Maine attorney could advise best, but your question remains open for two weeks. In a general textbook sense, it's possible the situation could be characterized as one involving defamation, where false statements result in someone suffering damages to their dignitary interests. But from a... View More

1 Answer | Asked in Personal Injury for Maine on
Q: My entire family contracted Lyme disease in the yard of our rental property. There were multiple ticks in the grass yard

(Maine) Tenants were expected to mow the yard with equipment provided by landlord. We mowed frequently and there were still many ticks right in the yard. I informed landlord and he didn’t take any measures to control the ticks. (Spraying or other preventative measures.) We even relocated because... View More

Tim Akpinar
Tim Akpinar
answered on Sep 3, 2021

A Maine attorney could advise best, but your post remains open for two weeks. This looks like it could be a difficult case. Although your family experienced a genuine ordeal, the problem could be in establishing the connection between the yard and the disease. Ticks are pervasive everywhere. I... View More

1 Answer | Asked in Personal Injury for Maine on
Q: I was injured in a fall in 2018! I tripped going into the hotel! My sneaker caught the metal lip on the entrance!

I broke my shoulder and smashed my rotator cuff! Had a reverse shoulder replacement! I still do not have very good control of my arm! Can I file a claim against the hotel?

Fred Bopp III
Fred Bopp III
answered on Jul 9, 2021

You should contact an experienced personal injury lawyer to discuss your situation. Many offer free initial consultations.

1 Answer | Asked in Car Accidents, Personal Injury and Criminal Law for Maine on
Q: left the scene of a pd accident no damage to property and not much to my vehicle either i was charged with class c

what can i expect to get when i go to court for this there also was no alcohol or drugs involved

Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 3, 2021

The first court date is an initial appearance. The Judge will make sure you're aware of the charge and maximum penalties, which for a Class C felony charge is up to 5 years in prison and $5000 fine, the Judge will find out whether you're going to hire a lawyer, or ask to have a lawyer... View More

1 Answer | Asked in Personal Injury and Products Liability for Maine on
Q: Who should I contact about finding a safety pin inside a piece of dove chocolate and is this a case for a lawyer ?

I contacted the company and was pretty much blown off my kid or any child could have swelled it and caused damage fortunately it was myself getting it in my mouth company Mars said we have metal detectors in plants so this doesn’t happen but for sure was in the piece my girlfriend was there when... View More

Tim Akpinar
Tim Akpinar
answered on Apr 2, 2021

A Maine attorney could advise best, but your question remains open for a week. You could contact an attorney who handles injury cases. It sounds like no one was injured, and I am happy for you there. But if there was grounds for a case, it would be based on actual damages, not damages that might... View More

1 Answer | Asked in Personal Injury and Workers' Compensation for Maine on
Q: can i sue an employer outside of workers comp for permanent tbi injuries and shoulder surgery with permanent injuries

I have gone through workers comp court and somehow the judge did not hold the employer responsible for this injury. The employer admitted responsibility for shoulder injury but denied responsibility for head injury which was all part of the same fall on work property that was covered in ice and... View More

Anthony K. Ferguson
Anthony K. Ferguson
answered on Jun 10, 2020

You are unable to sue your employer for your head injury because under Maine law an employer is immune from liability outside of any worker's compensation benefits you may be entitled.

Assuming that your employer is not the owner of the property where the injury occurred, you may have...
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1 Answer | Asked in Personal Injury and Car Accidents for Maine on
Q: when you sign settlement paper how many days must you legally wait before you get the check??
Robert D. Kreisman
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Robert D. Kreisman
answered on Jun 22, 2018

It depends on the law in your jurisdiction. For example, Illinois has law directly on point of your question. You should ask this question to the lawyer handling your case or an attorney in your area.

1 Answer | Asked in Personal Injury for Maine on
Q: I was rear ended at a stop light and was injured by a driver that never stopped. physical therapy starts next week

their insurance company sent me a check to get truck repaired, by cashing the check does this effect my injury settlement case?

David Alan Wolf
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David Alan Wolf pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2018

Typically, a check issued for property damage does not serve as a release for the personal injury claim. It is best to get the advice and review by a local personal injury injury before taking further action. Insurance companies are well represented by attorneys. You should be represented as well.

2 Answers | Asked in Personal Injury, Products Liability and Health Care Law for Maine on
Q: Can I sue a company if their product gave me chemical burns?
Peter N. Munsing
Peter N. Munsing
answered on May 29, 2017

Contact a member of the Maine Trial Lawyers Assn. They give free contacts.Assuming you were using the product in the way it was supposed to be used, following instructions (including safety gear), you may have a case.

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1 Answer | Asked in Personal Injury and Products Liability for Maine on
Q: I am sending in a product liability claim with walmart and they told me they needed the product and receipt. True?

They also processed my item that caused my person injury as a return against my wishes. Is this going to effect my case? I am worried now because they seemed like they were lying to me. First they had me go in to fill out the form. I get there and they say I need to product and receipt so I fill... View More

Peter N. Munsing
Peter N. Munsing
answered on Apr 21, 2017

The product needed to be kept--the way to handle it is let them examine it but you keep it. A little late now. Your getting your cash back if you didn't sign a "release of all calims" woudl be ok. If you didn't talk to an attorney why not contact a member of the Maine Assn for... View More

1 Answer | Asked in Personal Injury for Maine on
Q: is there a statue of limitation that a lawsuit against a drug company can be done?

I'm a des daughter that has had a number of health issues

Adam Studnicki
Adam Studnicki
answered on Aug 4, 2015

All civil claims have deadlines (statutes of limitation). Talk to an injury lawyer ASAP about your situation.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not...
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1 Answer | Asked in Personal Injury for Maine on
Q: I own a home that my son lives in. I insure the home. Am I liable for injury that occurs to a guest at the house?

I live next door to my son. I own and insure his house. His daughter's friend fell off a trampoline and broke her arm very badly. Am I liable for this?

Adam Studnicki
Adam Studnicki
answered on Nov 16, 2015

Anyone can sue for anything but that doesn't necessarily means it's a good lawsuit. Best to have a good homeowner's insurance policy.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is...
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1 Answer | Asked in Personal Injury for Maine on
Q: Why would someone choose not to have a jury in a civil case?
Terrence Rubino
Terrence Rubino
answered on Jul 6, 2011

our team of lawyers do alot of jury trials in northwest indiana and some in illinois involving personal injury and wrongful death cases. juries can be a very good thing or a very bad thing for the person suing. typically if the injury claimed is relatively minor and the defendant's act causing... View More

1 Answer | Asked in Personal Injury for Maine on
Q: Age 17 left the scene of a personal injury accident what can i expect in court?
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Dec 26, 2010

It depends on who was responsible for the "personal injury", what the facts are, what the injuries are, who witnessed this incident, whether any of the parties are insured. That a party was 17 and a minor and left the scene is another fact to be considered. Was the minor the cause of... View More

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