FAQs: Find Answers to Your Questions Here

  • all insurance Their insurance company just offered me $50,000 to settle. Should I take it?
    Insurance companies often make unreasonably low offers of compensation to victims of serious car accidents, while describing those offers as “fair” or even “generous.” They are counting on the fact that most consumers won’t know how much compensation they deserve. In some cases, the offers are indeed fair. But before you accept an offer, contact an experienced lawyer to protect your rights and make sure you receive full compensation you deserve for your injuries. Insurance Company Tactics: How They Take Advantage of Injured Mainers — And What You Can Do To Protect Yourself
  • all general default How much is my case worth?
    There are many factors that need to be considered when determining the value of your case. Every case is unique and it takes a team effort — including your attorney, staff researchers, and outside experts — to determine the extent of your damages and how much your case is worth. There are two types of damages for which you could receive compensation: Economic and non-economic. If your case goes to trial and a jury agrees you deserve compensation, the jury members will decide how much the money you should receive for each category of damages.
  • all general default How long will it take to resolve my case?
    Every case is different, and there is no way to predict how long it will take for your case to be resolved. Some cases end in a matter of months, while the most complex and challenging cases, such as a medical malpractice case, can span several years. The vast majority of cases, however, are resolved before a trial and usually within a year. The goal is to make sure you receive fair compensation for your injuries, no matter how long it takes whether that comes in the form of a pre-trial settlement, or with a jury verdict in your favor.
  • all medmal How do I choose a medical malpractice lawyer in Maine?

    There are several factors to consider when hiring a medical malpractice lawyer. First, make sure you choose a lawyer and firm with a proven record of success in cases like yours. Second, trust your instincts. You need to have a high level of comfort and trust with the person you choose to represent you, and his or her staff.

    Many lawyers claim to handle medical malpractice cases, but in fact, do not have expertise in this complex area of the law. Remember that the choice is up to you. You don’t have to hire the first (or even second or third) lawyer you interview.

  • all pi How do I choose a personal injury lawyer in Maine?

    There are several factors to consider when hiring a personal injury lawyer. First, make sure you choose a lawyer and firm with a proven record of success in cases like yours. Second, trust your instincts. You need to have a high level of comfort and trust with the person you choose to represent you, and his or her staff. Remember that the choice is up to you. You don’t have to hire the first (or even second or third) lawyer you interview.

    Many lawyers claim to handle personal injury cases, but in fact, have never even taken a personal injury case to trial. Some lawyers are willing to settle for a “lowball” offer from the other side, because they are more interested in volume than in results, or because they don’t have the skills and experience to maximize the value of your claim.

  • all insurance The insurance company wants me to settle my case quickly. Should I?
    Clients are often pushed into settling their cases prematurely by insurance companies. Before you resolve your claim, it is critical that you understand the full extent of your injuries and damages and how they will affect your life moving forward. Ultimately, the “right” time to settle your case varies from case-to-case depending on your injuries. When it comes to a personal injury case, patience is important to protecting your interests. Serious Personal Injury Cases: Five Guiding Principles to Remember
  • all insurance What are some of the insurance tactics I should know about?
    Here are some of the most common tactics used by insurance companies to deny fair compensation to people who have been hurt in accidents.
    • They make you think they are on your side
    • They low-ball your claims
    • They take advantage of your financial distress
    • They blame the victim
    Insurance Company Tactics: How They Take Advantage of Injured Mainers — And What You Can Do To Protect Yourself
  • all medmal What are some of the steps involved in a medical malpractice case?
    After determining you have a valid medical malpractice claim, we'll file a Notice of Claim, proceed with the discovery period and pre-litigation panel hearing required for all medical malpractice cases and, when warranted, file a lawsuit. Determining If You Have a Medical Malpractice Case
  • all pi What are the basic steps of a personal injury lawsuit?
    Though every case is unique, the basic steps of a personal injury lawsuit include a client meeting, case workup, pre-suit settlement, filing of a lawsuit, and trial (if case can't be resolved). Determining If You Have a Personal Injury Case
  • all insurance What can I do to make sure the insurance company doesn’t take advantage of me?
    If you have been injured in an accident, here are some things you can do to protect yourself from insurance company tactics:
    • Never agree to a settlement for your injury claim without knowing if it’s fair.
    • As soon as possible, contact an experienced lawyer that understands the entire insurance system, and the tactics used by defense lawyers and insurance companies.
    • Educate yourself about the process and ask questions. You need to make sure your rights are protected.
    • Hold your ground and assume the insurance company will most likely delay handling your claim, deny you were hurt and defend their decision in a court battle.
    Insurance Company Tactics: How They Take Advantage of Injured Mainers — And What You Can Do To Protect Yourself
  • all medmal What is a Pre-litigation Screening Panel in a medical malpractice case?
    Before filing a medical malpractice lawsuit in court, we are required by Maine law to first present the case to a pre-litigation screening panel appointed by the superior court. The panel is made up of three panelists, including a representative of the healthcare industry; neither a judge nor a jury participates. The panel proceedings are confidential, but the opinions of the panelists can significantly influence the outcome of the case.
  • all medmal What is the statute of limitations for filing a medical malpractice lawsuit in Maine?

    In general, you have three years from the act of negligence causing your injury to file a medical malpractice lawsuit in Maine. However, there are a number of special circumstances that can shorten or extend that timeframe. The only way to know for sure is to speak with an experienced medical malpracitce lawyer as soon as possible.

  • all pi What is the statute of limitations for filing a personal injury lawsuit in Maine?

    In general, you have six years from the date of your injury to file a personal injury lawsuit in Maine. However, there are a number of special circumstances that can shorten or extend that time frame. The only way to know for sure about your specific case is to speak with an experienced personal injury lawyer as soon as possible.

  • all productliability What is the statute of limitations for filing a product liability (defective product) lawsuit in Maine?

    In general, you have six years from the date of incident to file a personal injury lawsuit in Maine.

  • all wrongfuldeath What is the statute of limitations for filing a wrongful death lawsuit in Maine?

    In general, you have two years from the date of death to file a personal injury lawsuit in Maine.

  • all bs What kind of law do you practice?

    Once a general practice firm, Berman & Simmons now specializes on personal injury, medical malpractice, product liability, dangerous drugs and medical devices, and complex trial matters.

  • all pi What should I do if I have suffered a spinal cord injury?
    The prognosis is different for everyone who experiences a spinal cord injury. Some patients recover fully and within a period of months; others suffer injuries that are likely to be permanent. Individual outcomes are influenced greatly by the timing and quality of medical care, and the support systems (family, community, medical) available to each person.
    • Immediate, high quality medical care is essential after a spinal cord injury. Victims should avoid any movement while first responders and doctors oversee your care.
    • After your immediate symptoms have been addressed and you are in a stable condition, doctors will work with you and your family to create a detailed plan for your recovery. This may include additional surgeries, medications, physical therapy, and other components.
    • Emotional and mental health supports are also essential following a spinal cord injury. Individuals should consider a range of therapies to maintain a positive outlook, as depression and anxiety are common for SCI survivors.
  • all pi What types of compensation are available to spinal cord injury victims?
    There are two types of damages for which you could receive compensation: Economic and non-economic. Economic damages include damages that can be calculated or fairly estimated, such as past and future medical expenses, lost wages and lost earnings potential. Expert witnesses can testify about how the injury impacted the person’s ability to earn a living in the future. These type of damages are sometimes referred to as “out of pocket” expenses. Non-economic damages compensate victims for losses that are much harder to assign a specific dollar amount. Pain and suffering, loss of enjoyment of life, the loss of companionship from a loved one, or permanent loss of function or permanent disfigurement are all types of non-economic damages.
  • all pi What types of damages are awarded in personal injury lawsuits?
    Here are some brief definitions of the most common types of damages awarded in a personal injury lawsuit: Economic damages include damages that can be calculated or fairly estimated, such as past and future medical expenses, lost wages and lost earnings potential. Expert witnesses can testify about how the injury impacted the person’s ability to earn a living in the future. These type of damages are sometimes referred to as “out of pocket” expenses. Non-economic damages compensate victims for losses that are much harder to assign a specific dollar amount. Pain and suffering, loss of enjoyment of life, emotional distress, the loss of companionship from a loved one, or permanent loss of function or permanent disfigurement are all types of non-economic damages. Personal Injury Damages: What can I recover?
  • all medmal What types of damages could I recover in a medical malpractice claim?
    Here are some brief definitions of the most common types of damages awarded in a personal injury lawsuit:
    • Economic damages include damages that can be calculated or fairly estimated, such as past and future medical expenses, lost wages and lost earnings potential. Expert witnesses can testify about how the injury impacted the person’s ability to earn a living in the future. These type of damages are sometimes referred to as “out of pocket” expenses.
    • Non-economic damages compensate victims for losses that are much harder to assign a specific dollar amount. Pain and suffering, loss of enjoyment of life, emotinal distress, the loss of companionship from a loved one, or permanent loss of function or permanent disfigurement are all types of non-economic damages.
    Personal Injury Damages: What can I recover?
  • all medmal What types of questions should I ask a medical malpractice lawyer before I hire them?

    When you're considering hiring a medical malpractice lawyer to represent you, here are a few questions you should ask:

    • Have you had success representing clients in cases similar to mine?
    • Does your firm have the financial resources to take on my case?
    • If necessary, are you prepared to take my case to trial?
    • What are some of the results you have obtained?
  • all pi What types of questions should I ask a personal injury lawyer before I hire them?

    When you're considering hiring a personal injury lawyer to represent you, here are a few questions you should ask:

    • Have you had success representing clients in cases similar to mine?
    • Does your firm have the financial resources to take on my case?
    • If necessary, are you prepared to take my case to trial?
    • What are some of the results you have obtained?
  • all insurance Why isn’t the insurance company offering me more money for the accident?
    Insurance companies are simply more profitable by denying and low-balling all claims (referred to in the industry as forcing "smaller walk-away settlements”). In other words, it's in their best interest to pay out as little in claims as possible. Insurance Company Tactics: How They Take Advantage of Injured Mainers — And What You Can Do To Protect Yourself
  • all bs Why should I choose Berman & Simmons to handle my case?
    Results. We have won many of the largest jury verdicts and settlements in Maine history. Two of our landmark cases have been recognized in The National Law Journal’s Top 100 U.S. Verdicts and many of our cases have advanced Maine law to protect the rights of those who have been injured or harmed because of someone else's negligence. Reputation. Founded more than 100 years ago, our firm is recognized in Maine and nationally for its record of success in trials, a fearless approach to litigation, and for standing up for working people against powerful defendants. Relationships. We care about our clients and establish trusted relationships with them. We listen. We follow through on our promises. You’ll have a team behind you and we'll make the process as easy for you as possible. With a Steadfast Mission, Berman & Simmons is Poised for Another Century of Success
  • all medmal How do you determine if I have a valid medical malpractice case?
    We first need to determine whether or not you have a valid medical malpractice claim by proving that the medical provider failed to comply with accepted standards of practice in diagnosing or treating your condition, injury, or disease. We will also need to prove that this failure resulted in harm to you. This process involves an initial consultation with you, review of your medical records, research about your condition, including details about your medical history and treatments, and follow-up conversations with you. Determining If You Have a Medical Malpractice Case
  • all medmal Will I need to speak with the doctor or healthcare practitioner I’m considering suing?

    Absolutely not. You will not have to confront your doctor, healthcare provider or medical facility. We will take on that responsibility for you.

  • all general default How will I know if I have a case?
    To pursue a case, we will need to prove that you suffered a substantial personal injury and the injury was directly caused by the negligence of another party. A bad result alone is not enough to establish negligence. We let you know upfront if we are able to move forward with the legal process, or if we don’t think you have a case. Generally, we will know if you have a case after our first phone call or meeting. If we believe you have a valid claim and decide to move forward with litigation, our attorneys and staff will then take it from there and do everything else that needs to be done, including obtaining and reviewing records relevant to your case, such as accident reports and other law enforcement documents, employer records, medical records, and other information.
  • all general Why do I have to hire a lawyer so quickly?

    If you’ve been in a serious accident, there are many benefits to seeking legal counsel as soon as possible after your injury has occurred. Here are some reasons why hiring a good personal injury lawyer early is in your best interest.

    • Time is of the essence as Maine has strict deadlines for filing many personal injury claims.
    • The at fault driver’s liability insurance company is not on your side and, undoubtedly, is already investigating and reconstructing the accident on its own in an effort to avoid or deflect responsibility. You need expert counsel to make sure the insurer does not take advantage of you.
    • Critical witnesses may become unavailable and supportive evidence may be lost or degrade with time. Therefore, it is important to hire a law firm that can immediately and thoroughly investigate the accident, talk with eye witnesses, preserve evidence, and, as necessary, hire appropriate experts to help evaluate and support your case.
    • You need an experienced team to help you navigate the medical care you need and relieve some of the financial pressures you may confront by identifying all potential insurance options and negotiating with creditors.
    • Hiring a lawyer early can provide much needed peace of mind so you can focus on your recovery.
  • all vehicle What should I do if I’ve just been in a car accident?
    Taking some basic steps after a car accident can make the difference between a legal claim that fails and one that provides fair compensation for you and your family. Here are some suggestions for first steps.
    • First, be sure all parties involved are safe and out of danger. Then move your car if it is causing a hazard; otherwise leave it where it is and turn on hazard lights.
    • Call 911 to immediately report the accident to police, even if you think the damage is minor. Stay close to your vehicle until police arrive.
    • Remain calm and polite, but do not apologize or admit fault.
    • Gather pertinent information from other driver and any witnesses.
    • Photograph vehicle damage and any visible injuries. Write down your recollections about the event.
    • Get the name and badge number of all responding officers, and ask for police report.
    • Seek immediate medical attention for your injuries, even if you think they are minor.
    • Contact an experienced personal injury lawyer.
    • Report the accident to your insurer. Do not give a signed or recorded statement to your insurer before talking with your lawyer.
    • Do not discuss the accident with any representative of the other driver’s insurance company before talking with your lawyer.
    What to Do After a Car Accident
  • all general vehicle What compensation am I entitled to as a car accident victim?
    Under Maine law, victims of vehicle accidents have the right to recover financial damages for various categories of injuries and loss, including:
    • Pain, suffering, and emotional distress, past and future
    • Interference with your enjoyment of life
    • Medical expenses, past and future
    • Time lost from work
    • Loss of future earnings
    • Damage or total loss of your vehicle
    Personal Injury Damages: What can I recover?
  • all vehicle I’ve been hurt in a car accident, but my injuries seem minor. Should I still seek medical treatment?
    Even if your injuries seem minor to you, seeking treatment early is critical because it provides a roadmap to understanding the extent of your injuries, the treatment you require, and the timeframe for recovery. When you seek treatment, it's also important to honestly and accurately answer the medical provider's questions and report all your injuries and limitations. Serious Personal Injury Cases: Five Guiding Principles to Remember
  • all vehicle Why should I take pictures after a car accident?
    After you are injured, it is important to take pictures that accurately reflect the injuries caused to you and the severity of damage caused to your personal property, such as your vehicle. Pictures that capture what the scene of the accident looked like are important in fully describing the incident to an insurance company or jury. Serious Personal Injury Cases: Five Guiding Principles to Remember
  • all bs How long has Berman & Simmons been in business?
    In 2014, we celebrated 100 years of serving the people of Maine! The firm was established in 1914 when Benjamin Berman hung a shingle on Lisbon Street in Lewiston, Maine. Berman and his brother David became known as trusted advocates of the men and women who worked at the city’s textile mills and shoe factories. Their commitment to blue-collar Mainers and their willingness to take on the most complex and controversial cases, remain hallmarks of the firm today. Berman & Simmons has been committed to Lewiston and to Lisbon Street from the start and we recently renovated our office to honor our history and showcase who we are as a firm now. Century-old Law Firm Joins Lewiston's Revitalization Push
  • all vehicle Should I provide a recorded statement about my car accident?
    Frequently, opposing insurance companies will ask you to provide a recorded statement. You should recognize that these recorded statements are for the benefit of the insurance company and that such statements will be used at every opportunity to undermine your potential case. If an insurance company asks you to give a recorded statement, a warning bell should go off in your mind and you should politely decline. Serious Personal Injury Cases: Five Guiding Principles to Remember
  • all masstort What is a mass tort lawsuit?
    Mass tort cases stem from a defective drug or device on the market that harms a large number of people. Some of these cases are well-publicized, while many others never make headlines, but cause just as much pain to the people whose lives are affected. Mass tort claims can include different complaints against the same defendant(s), and often involve injuries from dangerous drugs and medical products.  For instance, patients can sue the maker of a defective medical implant for different types of injuries. In a mass tort case, they would file individual lawsuits, which are grouped together only for pretrial proceedings, and then they may be tried later in their original state jurisdiction. Prescription drug and medical device makers are legally responsible for ensuring that their products are safe and must:
    • Conduct adequate clinical trials and other testing as the FDA requires
    • Clearly explain the risks and benefits of their products to healthcare providers and consumers
    • Continue to test their products for safety
    When corporations fail to satisfy any of these or other requirements, they can be held liable to the people they harm. Dangerous drug and medical device lawsuits involve complex medical and legal issues and are expensive to pursue.
  • all masstort Why are some medications dangerous?

    There are a number of reasons why medications can be dangerous, including:

    • Drug companies sometimes fail to conduct the studies needed to identify risks that emerge after approval.
    • Failure by a drug manufacturer to properly warn the medical community and consumers about risks.
    • Marketing of medication for uses not approved by the United States Food and Drug Administration (FDA)

    More than 30 dangerous drugs have been approved and later taken off the market because of serious health risks since the 1970s. These drugs have killed or seriously injured thousands of Americans. Dozens of other dangerous drugs remain available. Some of them come with warnings from the FDA, but those warnings are not always clear or well communicated.

    All of these failures come back to the basic principle of accountability. Drug manufacturers can and should be held legally accountable if they put consumers at risk.

  • all masstort What types of mass tort claims are most common?

    Mass tort categories typically fall into three types:

    • Prescription drugs
    • Product liability, which includes medical devices: Claims typically fall into three categories: 1) defective manufacture, 2) defective design, 3) failure to provide adequate warnings or instructions concerning the proper use of a product.
    • Toxic contamination: Also known as “toxic torts,” these cases involve hazardous pollutants or chemicals that have poisoned people.
  • all masstort Which types of mass tort cases does Berman & Simmons handle?
    Berman & Simmons handles defective medical device and dangerous, prescription drug, product liability, and toxic contamination cases.
  • all masstort What are the skills needed to handle mass tort cases?

    Mass tort cases require extraordinary resources and highly sophisticated knowledge. It takes an understanding and mastery of varied and complex subject matter and theories of liability and damages, the time necessary to review and process thousands of case documents, and the ability to work with many witnesses and experts. Our lawyers have the skills and tenacity to prepare a mass tort case no matter how complex.

  • all masstort What if I was harmed by or experience abnormal side effects from a medical device?
    Companies have an obligation to ensure that the product they sell is a safe, effective solution to any medical issue you might experience. When a company doesn’t fulfill this obligation, it can leave you with injuries that degrade your quality of life.  If you believe you might have a claim, contact our lawyers at Berman & Simmons. We will fairly and accurately assess your case.
  • all masstort If I’ve experienced complications from a dangerous drug, do I have a tort claim?
    Complications from dangerous drugs can vary in severity. Because of this, it’s difficult to determine if a tort claim is feasible. To get a fair and accurate assessment of your potential case, contact our attorneys at Berman & Simmons. We handle many cases involving dangerous drugs and medical devices and can let you know if we can help you with a tort claim.
  • all masstort What if the drug I took was a generic brand?

    According to the FDA, generic drugs are required to have the same active ingredient, strength, dosage form, and route of administration as the original brand-name drug. All manufacturing, packaging, and testing sites must also pass the same quality standards as the brand-name drug.

    The Supreme Court has determined that generic drug makers are not liable for any negative side effects; the original manufacturer is. (See PLIVA, Inc. v. Mensing, 564 U.S. 604 and Mutual Pharmaceutical Co. v. Bartless, 570 U.S. 2468.)

  • all masstort What is the process for a mass tort claim?
    These are the basic steps:
    • Review records – We examine statements from claimants and their medical records to identify the device or drug and injuries.
    • Injury consistency – We check for similarity of injuries among those harmed by drugs or devices as evidence for the claim and categorize the cases to understand any shared characteristics.
    • Federal court filing – Individual cases are consolidated to speed up processing and information gathering.
    • Bellwether trials – A small group of lawsuits, chosen from a larger group of similar cases, are tried first. The results can determine the potential outcomes of future cases. As an example, C.R. Bard, the maker of the inferior vena cava (IVC) filter G2, will pay plaintiff Sherr-Una Booker $3.6 million for injuries she suffered from the device and for failure to warn about its dangers in the first IVC "bellwether" case to go to trial.
    • Settlement – This occurs when both parties enter negotiations to settle the claims, and any proposed agreements are presented to claimants to decide whether they will accept them or proceed to a trial.
  • all bs How many lawyers work at Berman & Simmons?
    Berman & Simmons is the leading personal injury firm in Maine, with 17 skilled trial lawyers and more than 40 staff members, including legal assistants, paralegals, and administrators. We have the most plaintiff attorneys of any law firm in the state. Because of our talent and reputation, we often provide counsel on cases and receive referrals from the most respected lawyers in Maine and around the country. Our Attorneys
  • all masstort How long does a mass tort claim take?

    Because mass tort claims can involve multiple plaintiffs, they can take longer than  typical personal injury cases. Generally, these cases take years before resolution.

    There are statutes of limitations in medical device and dangerous drug cases, so it’s important to contact a lawyer as soon as possible if you believe you have a claim.

  • all masstort What type of damages can I claim in a mass tort case?

    Under state and federal law, victims of dangerous drugs have the right to recover financial damages for various categories of loss, including:

    • Current and future medical bills
    • Lost work time related to your injury
    • Disability and disfigurement
    • Pain and suffering
    • Mental and emotional damages

    If you have been harmed by a dangerous drug or a defective medical device, we are prepared to stand up for you and your family. Our team of experienced lawyers will hold companies accountable and make sure you receive full compensation for the harm done to you.

  • all masstort What is a class action lawsuit?

    In class action lawsuits, several plaintiffs who sue a defendant are grouped together into one “class.” One or a few plaintiffs can be named as representatives of the class. For instance, a class action lawsuit can occur when several consumers sue an automaker for producing faulty auto parts.

  • all masstort What is a multidistrict litigation (MDL) lawsuit?

    Mass tort cases can be grouped together only for pretrial proceedings and become multidistrict litigation for federal trials, and then the individual cases may be tried later in their original state jurisdictions. MDL is a way to speed up processing and information gathering.

  • all masstort What is the difference between a mass tort, class action, and multi district litigation (MDL) lawsuit?

    Mass tort cases stem from a defective drug or device on the market that harms many people. Multidistrict litigation occurs when individual mass tort cases are combined to streamline the legal process. Class actions, however, do not always involve injury claims and cover one complaint with common characteristics.

  • all masstort What is a bellwether case?
    Bellwether trials play an important role in determining the potential outcomes of future mass torts going through MDL. These cases, a small set of lawsuits chosen from a larger group of similar cases, are tried to see how juries will react to them and to set expectations for possible settlement values. For example, C.R. Bard, the maker of the inferior vena cava (IVC) filter G2, was ordered by a jury to  pay plaintiff Sherr-Una Booker $3.6 million for injuries she suffered from the device and for failure to warn about its dangers in the first IVC "bellwether" case to go to trial.
  • all bs How many offices do you have?

    As a statewide law firm, our headquarters are on Lisbon Street in Lewiston and we also have offices in Portland and Bangor, Maine.

  • all general default How much will a lawyer cost me?
    The lawyers at Berman & Simmons work on a contingency basis. That means you pay nothing up front and nothing unless we settle or win your case. We will consult with you, evaluate your situation, and do initial research free of charge. This is true even if we decide you don’t have a valid claim. We will also cover all necessary case expenses and you will not be obligated to reimburse us until and unless we recover monies on your behalf. if we do take your case and win a settlement or a jury verdict in your favor, a percentage of the compensation goes to pay for our costs and the work done by our legal team.
  • all medmal I really like my doctor and I’ve seen him for years. How could I sue him?
    There’s often feelings of guilt in taking legal action against another individual or an organization. We understand that. But there are other factors that must be considered. When doctors are negligent and someone is hurt or killed, they must be held accountable. This helps make sure healthcare companies put safety first. Our civil justice system is designed to provide you with fair compensation if you are harmed by the negligence of others. Hiring a Medical Malpractice Lawyer: What to Expect
  • all medmal I’m nervous about filing a medical malpractice claim.
    This is especially true for people who have never needed to consult with a lawyer or worry about wasting their valuable time. We talk to people every day who are facing the most difficult challenges of their lives and don't know what to expect next. We handle a roller coaster of emotions and will help you through the entire process, from finding solutions to your immediate needs to helping you manage your ongoing medical care. Hiring a Medical Malpractice Lawyer: What to Expect
  • all general default What do I prepare for the first call or meeting with you?
    For your first meeting with us, simply tell us your story and explain in your own words what happened and how your life has been affected. If you're meeting with us in person, you can bring notes about what happened to you, driver insurance information, names of any witnesses, photos of the accident damages or injuries, medical records, and other related paperwork if you have it and if it's applicable, but that information isn't necessary. Really all you need to do is be yourself, speak with us honestly, and be willing to tackle your problems with us. Initial conversations between potential clients and our staff members are often done over the phone. Rest assured that everything we discuss is confidential and protected under law.
  • all productliability What are cooking spray can fires and explosions?
    Cooking spray can fires and explosions have severely burned and disfigured several people nationwide. Despite these accidents, the products continue to be sold, and consumers are often unaware of their dangers. Aerosol cans have been known to burst in extreme heat, however, defective design, over-pressurization, and highly flammable contents have contributed to the explosions. Fires and explosions from PAM cooking oil spray have been seriously injuring consumers across the U.S. for years. The manufacturer, Conagra, promotes PAM’s “100% natural” ingredients, which actually include highly flammable petroleum-based propellants such as propane, ethanol, and liquefied petroleum gas or butane.
  • all productliability What causes cooking spray can fires and explosions?
    Fires and explosions from cooking oil spray can happen for a number of reasons. Too much pressure, exposure to extreme heat, and defective design are contributing factors. In tests chemical and fire expert Dr. Michael Fox of Chemaxx conducted, he found a design flaw that can cause some of the explosions. Vents at the bottom of the larger size canisters that were meant to reduce pressure and prevent explosions can release flammable gas and start fires near heat or open flames. These vents may also release the contents at temperatures and pressures below those expected to cause venting, and when combined with too much pressure, the containers can become fireballs and burn anything in their paths. Not all of the accidents have occurred near heat sources, and the potential for sudden fires, severe burns, disfigurement, and death makes these products particularly hazardous for consumers, yet they remain on the market.
  • all productliability Why are there product liability lawsuits against ConAgra?
    Exploding cans of cooking spray have seriously injured several people nationwide, yet the products are still on the market, and consumers are often unaware of their dangers. Many people injured have filed lawsuits against ConAgra, maker of PAM cooking spray, and other responsible parties seeking damages for their injuries, pain, and suffering. These product liability cases also cover the design flaws that contributed to these accidents and the lack of adequate safety warnings. Jury verdict or settlement awards to plaintiffs in these cases can potentially send a message to cooking spray manufacturers, including ConAgra, that they need to make their products safer for consumers and improve their warning labels.
  • all productliability Have other people been harmed by exploding cooking spray cans?
    Many people have suffered debilitating cooking spray burns and injuries.  Their injuries have included blindness, full and partial burns to the face, arms, hands, neck and other areas, and even death.  Some of the exploding cooking spray accidents that have occurred nationwide include: Connecticut – a woman suffered first-, second-, and third-degree burns to her face, arm, right hand, chest, leg, and foot after a can of PAM far from where she was cooking exploded and shot flames across her counter and all over her body. Pennsylvania – a woman suffered severe burns to her hands and face after a cooking spray can fell into a pan while she was cooking and spewed hot grease when it exploded. Massachusetts – a Wicked Tuna chef suffered third-degree burns when cooking spray exploded and shot flames and fluids over his arms, chest, and legs. Ohio – a woman remembered “putting the fork in a pan” when a can explosion occurred and that she was “on fire” with severe burns on her face, arms, and chest. Despite these devastating accidents, PAM and other dangerous cooking sprays remain on the market, and many consumers are unaware of their dangers.
  • all productliability Do I have a PAM cooking spray explosion lawsuit?
    Makers of PAM and other cooking oil sprays that are supposed to be safe, but violate state and federal consumer protection laws are subject to product liability lawsuits. Several lawsuits have been filed against ConAgra, maker of PAM cooking spray, seeking compensation for injuries, and punitive damages meant to punish the company and pressure it to make safer cans with better warnings before more people become seriously injured. If an exploding cooking spray can has caused you to suffer severe burns, disfigurement, pain, and emotional distress, you might be entitled to compensation for your injuries and for damages from the manufacturer. If you think you have a product liability case, contact us today for your free, confidential consultation.
  • all productliability How do I keep my kitchen safe from cooking spray can explosions?
    Too much pressure, exposure to extreme heat, and defective design have proven to be contributing factors in cooking spray can explosions and fires. It’s important to educate your family about the dangers of cooking oil sprays and how they can protect themselves. Here are some safety tips to consider:
    • keep aerosol cans far away from heat sources or anything flammable
    • avoid storing aerosol cans near heat or open flames
    • avoid cooking with grease; some cooking spray accidents have involved grease fires
    • consider healthier alternatives to non-stick cooking oil sprays such as olive oil, butter or other natural oils
    • apply cooking spray to pans or food at a safe distance away from heat
    • if you ever catch fire from an exploding cooking spray can, "stop, drop, and roll” by slowly lowering yourself to the floor and rolling in a safe place that won’t cause major damage to extinguish the flames.
  • all sexabuse Is there a statute of limitations for sex abuse cases?
    Most of the time yes. Maine changed its laws in the early 1990s to eliminate the statute of limitations for minors who were sexually abused. Your case is not over just because you didn’t take action right after the incident; it takes many survivors years to come forward. We are here to support you when you are ready.
  • all sexabuse Does it matter if I didn’t tell anybody about the sex abuse?
    No, it’s okay if you didn’t report the sex abuse when it occurred. It takes courage to come forward and many survivors are too afraid or confused to do so at the time of the abuse. We are honored that you would confide in us and we will support and listen to your story now, whether or not you have told anyone else. We strive to earn your trust and we will. Our lawyers are trained to handle your case with discretion and sensitivity to ensure you feel comfortable sharing details of your experience, no matter how long ago it was. It’s important that you share your story and we will help you through that process.
  • all sexabuse I’ve been sexually abused. Will people believe me?
    Yes, we will help tell your story in the most believable, persuasive way. You may have been dismissed or ignored in the past or people may not have believed you. From our first phone call, we will always believe you and we will take the time to advocate on your behalf to ensure others believe you too.
  • all sexabuse Can you help me make sure this happens to no one else?
    Yes, we will help you make your claim and highlight what you experienced so it doesn't happen again. Being brave enough to come forward is the first step towards making sure the people and institutions responsible for the abuse are exposed and held accountable. While we cannot end sexual abuse altogether, with your help in bringing a claim, we can make our communities safer.
  • all sexabuse Can I trust you?
    Yes, but we want to earn your trust. It all starts with a phone call. From there you can get to know our lawyers and decide for yourself if we are the people you want to trust with your story. We realize this situation is very difficult for you to face. Starting with our first conversation and throughout our relationship with you, everything you tell us is confidential and you don’t have to tell us anything you don’t want to.
  • all sexabuse Will I have to testify against the person who sexually abused me?
    Maybe. Oftentimes you don't have to testify, but if you choose to, we will make sure you're well prepared. Whether you’re facing a sexual predator or an institution that failed to protect you, we will help you to make the best choices and prepare you for all the scenarios and possible outcomes . We will respect your decision to testify or not and make sure you feel safe, regardless of what you decide.
  • all sexabuse Will I have to go to trial someday?
    Maybe. A well-prepared case will often settle. However, trials are sometimes unavoidable if a case is to be resolved in the best interest of the survivor. Whether or not we go to trial, we will be with you every step of the way from our first meeting to the final resolution of the case. We know how important this is in your life and will not stop until we’ve done everything in our power to help you.
  • all sexabuse Will I have to face the person who sexually abused me?
    Most likely not. Most cases don’t require the survivor to testify, but if yours does, our lawyers will ensure that you are fully prepared and feel safe during the process. If you are not required to testify, or a settlement is reached before going to trial, we will do everything in our power to make sure you don’t have to face the accused if you do not want to.
  • all sexabuse What if I want a female lawyer?
    We have both male and female lawyers who handle sex abuse cases and they often work together on larger cases. If you have a preference, let us know.
  • all ltdclaims Who is eligible for long term disability insurance?
    If you have a disability insurance policy in effect when you become disabled, and your disability prevents you from working full time at your job, then generally speaking you would be eligible for long term disability benefits. Your eligibility depends on the exact language and terms in your policy. It is important to review and understand the terms of your policy.
  • all ltdclaims Am I eligible for long term disability insurance if I am able to work part time?
    Most LTD policies provide for partial benefits to those who are able to earn less than 80% of former income. The exact amount of the partial benefit is based on a formula. If you are able to earn less than 20% of your former income, most LTD policies will consider you fully disabled.
  • all ltdclaims Can I be denied long term disability insurance because I can still work at another job?

    Some LTD policies will terminate benefits after two years if you are able to work at “any occupation.” Despite what it sounds like, this does not mean your benefits will be terminated if you can work at any job whatsoever. “Any occupation” means an occupation that compensates you at a reasonable rate and is related to your skills, training, education, and experience.

    If you purchased an individual LTD policy or if you work in a highly specialized profession, you may have an “own occupation” policy. This type of policy provides benefits when you are no longer able to work in your specific field or sub-specialty.

  • all ltdclaims Can I be eligible for long term disability benefits if I do sedentary work?
    Yes. Any type of work can be impacted by a disability, not just physical work. People in professions ranging from attorneys to business owners to doctors to managers can be eligible to receive long term disability benefits.
  • all ltdclaims What is ERISA?

    The Employment Retirement Security Act, first passed by Congress in 1974, protects and regulates retirement, short term disability, long term disability, and other benefits provided by employers to workers. If your LTD policy was provided through your employer, ERISA law probably applies. There are exceptions to this, and whether your policy is an individual policy or an ERISA governed employer-provided policy is not always obvious.

    ERISA is a complex body of law consisting of federal statute, regulations, and court decisions.

  • all ltdclaims If my LTD policy is governed by ERISA, what does that mean?
    ERISA impacts when and how you can file a lawsuit to contest your insurance company’s denial of long term disability benefits, and what evidence the judge can consider in such a lawsuit. Therefore it is very important to involve a lawyer early in the process, in order to ensure that your rights are preserved and the judge is able to consider all relevant evidence if you need to file a lawsuit.
  • all ltdclaims I am receiving Social Security Disability Benefits—does that make me eligible for long term disability benefits?
    Not necessarily. The law and regulations that determine eligibility for Social Security disability benefits differ from the law that governs LTD benefits. You may have to submit more or different evidence to prove your eligibility for long term disability benefits.
  • all ltdclaims The insurer denied my claim for LTD benefits. Is there a deadline to appeal?
    Yes. The deadline to file an appeal to your insurer will be determined by your insurance policy. It is important to review and understand the policy.
  • all ltdclaims What is the deadline to file a lawsuit for denial of LTD benefits?
    The deadline depends on whether your LTD policy is governed by ERISA or not. The deadline to file a lawsuit is also determined by terms in your LTD policy. It can depend on how several different terms in the policy interact with each other. You can be in a situation where you need to file a lawsuit in court before you have filed an appeal with the insurance company. In that case, you can ask the court to ‘stay’ the case in order to put the lawsuit on hold while you file an appeal with the insurance company.
  • all sexabuse How much time do I have to file a BSA sex abuse claim?
    The Boy Scouts of American (BSA) filed for bankruptcy protection in February, 2020 to stop individual lawsuits and create a compensation fund for men who were molested as youngsters decades ago by scoutmasters and other leaders. In May, it was announced that the deadline for survivors of child sex abuse to file a claim in the Boy Scouts of America bankruptcy case is November 16, 2020. If you were the victim of sexual abuse while participating in the Boy Scouts don’t wait. The attorneys at Berman & Simmons are here to help answer your questions and help navigate your claim.
  • What is Plaquenil®?
    Plaquenil, also known as hydroxychloroquine or HCQ, is an antimalarial medication often used to treat these and other inflammatory or autoimmune conditions:
    • fibromyalgia
    • lupus
    • juvenile idiopathic arthritis
    • osteoarthritis
    • shingles
    • Kawasaki disease (aka mucocutaneous lymph node syndrome)
    • vasculitis
    • rheumatoid arthritis
    In these disorders, the body’s immune system attacks healthy cells, making them more open to infections. Among the disease-modifying anti-rheumatic drugs (DMARDs), Plaquenil reduces the immune system’s response to potential infections. It’s commonly prescribed and isn’t generally considered dangerous.
  • What is Plaquenil® toxicity?
    Damage to the retina, the light-sensitive tissue at the back of the eye, can occur from long-term, high doses of Plaquenil. Retinal or Plaquenil toxicity symptoms include blurred vision, seeing halos, streaks of light, or color changes, and in some cases, blindness occurs. Unfortunately, the damage is usually permanent. In some cases patients don’t notice any symptoms.
  • How does Plaquenil® or retinal toxicity happen?
    The main ingredient in Plaquenil, hydroxychloroquine sulfate (HCQ), binds to melanin, which produces eye color and is the same pigment that forms your skin tone. The HCQ then builds up in the retinal pigment epithelium (RPE) of the eye, damaging and weakening its cell layer. The RPE nourishes the fragile nerve tissue of the retina. The decaying RPE cells then move to the outer retina and eventually to the photoreceptors that transmit light into signals sent to the brain, causing damage.
  • How do I know if I have Plaquenil® or retinal toxicity?
    If you’ve been taking 200 milligrams or more of Plaquenil regularly for a long time, such as five years, your eye doctor should have had your eyes tested for damage to the retinas even if you haven’t noticed any vision changes. Retinal or Plaquenil toxicity symptoms include blurred vision, seeing halos, streaks of light, or color changes, and in some cases, blindness occurs. The risk factors for Plaquenil toxicity can include short stature, obesity, liver, kidney, or macular disease.
  • What are the recommended tests for Plaquenil patients?
    The American Academy of Ophthalmology (AAO) recommends that an ophthalmologist (eye care disorder specialist) check Plaquenil patients for retinal toxicity with photos and the following tests:
    • a visual field test to check if blind spots have developed
    • OCT imaging, three-dimensional photography done to look for early retinal damage
    • a multifocal test (electroretinography) to see any retinal decay and how the cells respond to light
  • Why are people filing lawsuits against medical providers over Plaquenil® toxicity?
    Studies have shown that many eye doctors and medical specialists have failed to check their patients’ eyes regularly for signs of toxic retinal damage from long-term, high doses of Plaquenil. Many people have suffered harmful vision damage, some of it permanent, through these breaches of medical standards of care. Several plaintiffs seeking damages for their injuries, medical expenses, and lost wages have filed Plaquenil toxicity lawsuits against providers for not following recommended Plaquenil treatment guidelines. Jury verdict or settlement awards to plaintiffs in these cases can potentially send a message to medical practitioners who prescribe Plaquenil that they need to follow standard treatment guidelines or face consequences for medical malpractice.
  • Do I have a Plaquenil® toxicity lawsuit?
    The American Academy of Ophthalmology (AAO) recommends that doctors keep daily dosages of Plaquenil to less than five milligrams per pound of a patient’s body weight except for “rare instances” when a higher dosage is needed to treat a life-threatening disease. The pills are 200 milligrams each and some doctors prescribe the full amount to their patients. If you’ve taken high doses of Plaquenil for a long time, even if you haven’t noticed any vision changes, you might have a medical malpractice case if your eye doctor hasn’t discussed potential retinal damage or had your eyes tested for it. Maine has strict statutes of limitations for filing medical malpractice complaints against doctors, so it’s critical to consult with us as soon as possible if you think you have a medical malpractice case.
  • all wrongfuldeath What is loss of consortium?
    A loss of consortium action is normally a standalone claim brought by the spouse of a person who was injured or killed as a result of the defendant's negligent or intentional actions. People sometimes call loss of consortium loss of affection or loss of companionship. It's a request for compensation for the mental and monetary damage a spouse suffered after an injury to their partner.
  • all wrongfuldeath Who can file a loss of consortium claim?
    In Maine, a spouse must file a loss of consortium claim. However, some states allow children, parents, and domestic partners to file this type of claim as well.
  • all wrongfuldeath How are loss of consortium damages calculated?
    No amount of cash can truly compensate a person for the loss of a spouse or their health. Therefore, these damages are categorized as general or noneconomic, and the amount of money is up to the judge or jury. However, consulting an expert to provide a more precise monetary value for a loss of consortium claim could benefit you.
  • all wrongfuldeath What are the limits for loss of consortium settlements?
    Maine limits pain and suffering damages in wrongful death cases to $500,000. There are no set limits for loss of consortium when both spouses are still living, but the awards are usually below this amount.
  • all wrongfuldeath Is there a statute of limitations for filing a loss of consortium claim?
    In Maine, the statute of limitations for filing a loss of consortium claim for a wrongful death or a skiing accident is two years. For other types of injuries, including falls, vehicle accidents, and medical malpractice, you can wait up to six years to file a loss of consortium claim.
  • all wrongfuldeath How do attorneys prove loss of consortium?
    The plaintiff must demonstrate that they were legally married to the person who was injured or killed at the time of the accident. They also need to show causation or prove that any damages to the relationship were actually caused by the defendant. Defendants often try to investigate the relationships between spouses and attempt to prove that any problems existed before the injury. They may hire private investigators to look into all of the most intimate details of your marriage, even records from therapists or marriage counselors. A skilled attorney will keep the defense from forcing you to answer inappropriate questions about your personal life and help you prove that the person or organization you're suing was negligent or malicious in their actions.
  • all medmal When should you contact a birth injury lawyer?
    When something goes wrong during labor or delivery, and a newborn suffers an injury or experiences health problems, it can be difficult for parents to understand what happened and why. Healthcare providers' explanations may not tell the whole story, especially if it involves mistakes made during labor and delivery. If your child suffered a birth injury, you should meet with a birth injury lawyer for a free consultation. While not every birth injury is caused by an act of medical malpractice, an experienced birth injury lawyer, working with medical experts, can evaluate the facts of your case and advise whether or not you have a claim for compensation.
  • all medmal What should you do after a birth injury?
    After a birth injury, parents need to know three essential things: 1) What is my child's condition and prognosis, 2) What treatment or other care does my child need for their injury or condition, and 3) What caused my child's injury? The first step is to discuss your child's injury with the treating physician or obstetrician involved in your child's labor and delivery. However, your physician may not be entirely forthcoming about the cause of your child's injury, especially if mistakes were made that may have contributed to the injury.  That is why you should also meet with an experienced birth injury lawyer as soon as possible to discuss your child's condition. Additionally, keep track of all expenses, doctor's visits, procedures, medications, and other aspects of your child's treatment, and make notes or keep a journal reflecting how your child's condition manifests itself and affects their daily life, as well as yours. All of this information can be valuable evidence if and when you seek compensation for your child's birth injuries. 
  • all medmal How long do you have to sue after a birth injury?
    A statute of limitations is a law that sets forth the period within which you must file a lawsuit for a particular type of claim. If you file a suit after the applicable statute of limitations has passed, a judge will likely dismiss it. In Maine, parents pursuing a birth injury claim on their child's behalf must file suit within three years of the alleged act of medical malpractice that caused their injury. If the malpractice included a series of mistakes, that three years begins on the date of the last act of malpractice. In the case of a minor suing on their own behalf, they must file suit within six years of the act of malpractice or within three years after they reach age 18, whichever comes first.
  • all medmal How is birth injury compensation calculated?
    The nature and impact of a birth injury on a child and their family vary from case to case. That means birth injury compensation also varies from case to case. Generally, however, compensation for a birth injury involves two types of damages. "Economic damages" reflect the hard costs arising from a birth injury, including the cost of past and future medical care, rehabilitation expenses, special education expenses, and the loss of future earning capacity. "Non-economic damages" involve more intangible, but just as real, losses like pain and suffering and loss of quality of life. Such damages can be substantial in cases involving life-long injuries and cognitive disabilities.
  • all medmal What is a birth injury?
    Birth injuries occur when a newborn suffers an injury or health complications during labor or delivery. Birth injuries often result from physical pressure the child experiences moving through the birth canal or because they are deprived of oxygen during or near the time of birth. While unavoidable complications cause many birth injuries, birth injuries often occur because doctors, nurses, and other delivery room personnel make mistakes.  A birth injury is not the same as a congenital disability (also referred to as a birth defect). While birth injuries happen during labor and delivery, congenital disabilities develop during pregnancy. Congenital disabilities typically involve problems with the child's nervous system, organs, or bones.
  • all medmal What is cerebral palsy?
    Cerebral palsy is a group of conditions that involve damage to the brain and nervous system functions. Abnormal brain development in the womb is sometimes the cause of cerebral palsy, but it can also develop due to a lack of oxygen to the infant's brain during labor and delivery.  Cerebral palsy either impairs or significantly impairs motor functions and can affect: 
    • Muscle control and coordination
    • Body movement
    • Reflexes
    • Muscle tone
    • Motor skills
    • Learning
    • Sight
    • Hearing
    Cerebral palsy is not degenerative – meaning it doesn't become progressively worse as the child gets older. But the condition is permanent and incurable. Many, if not most, individuals with cerebral palsy can live happy and productive lives, but severe cases of cerebral palsy may require constant, lifelong, and expensive medical care and attention.
  • all medmal What is Erb’s palsy?
    Erb's palsy is a condition that arises due to damage caused to the child's brachial plexus, a nerve network that runs from the neck of a newborn down through the shoulders and then to the arms and hands. Located in the shoulders and neck, the brachial plexus is particularly vulnerable to damage during childbirth. A brachial plexus injury will often occur during delivery when a baby's shoulder becomes stuck on the mother's pubic bone. Erb's palsy can develop when these nerves suffer significant damage and cause loss of sensation, muscle weakness, or paralysis of muscles in the shoulder area.
  • all vehicle Are bicyclists required to obey traffic laws and signs?
    Yes. In Maine, as in most states, cyclists generally have the same rights and responsibilities as motor vehicle operators. That means they can use public roads but must obey all applicable traffic laws, signs, and signals, including stopping at red lights and stop signs, yielding to pedestrians in crosswalks, and traveling in the designated direction on one-way roads. Additionally, just as cars need headlights at night, Maine law requires bicyclists to use a headlight visible for 200 feet, a rear reflector, and reflectors on pedals or feet when riding at night.
  • all vehicle Who is at fault in a bicycle accident?
    As in any kind of accident, fault in a bicycle accident depends on the specific facts and circumstances involved in the particular incident. In some bike accidents, the blame lies squarely on the vehicle driver, such as when they drive or drift into a bike lane, fail to yield the right of way to a cyclist when making a right or left turn, or open their car door without looking in their rearview mirror. Sometimes, however, an accident can be the fault of a cyclist who fails to obey applicable traffic laws and signals, rides recklessly, or fails to yield to pedestrians.
  • all vehicle When do most bicycle accidents occur?
    According to the National Highway Traffic Safety Administration, most bicycle accidents occur between 6:00 and 9:00 p.m. regardless of the season. Dark conditions make bike riding inherently more dangerous, and 45 percent of all bicyclist deaths occur in such conditions. Unsurprisingly, the warm summer months see more people bike riding, which means more bike accidents. According to the National Safety Council, bicycle-related fatalities peak in the summer months, starting in June, and remain high through September.
  • all vehicle What are the primary causes of bicycle accidents?
    Most bicycle accidents involve a motor vehicle in some way. According to the National Highway Traffic Safety Administration, 846 cyclists were killed and approximately 46,000 more suffered injuries in vehicle-related accidents in 2019 alone. In addition to speeding, drunk driving, distracted driving, and other common driving behaviors that lead to vehicle accidents, there are numerous distinct ways vehicles and negligent drivers can cause bicycle accidents, including:
    • Not yielding the right of way to a cyclist when making a right or left turn.
    • Driving or drifting into the bike lane.
    • Failing to accommodate a bicyclist who must ride in traffic due to a lack of shoulder or bike lane.
    • Failing to stop at a stop sign or red light.
    • "Dooring," a situation in which a driver or passenger opens a door without looking over a shoulder or in the rearview mirror, resulting in the bicyclist not having time to take evasive action and colliding with the door.
    • Sideswipes.
    • Road rage.
  • all braininjury Why do you need a brain injury attorney?
    Few injuries are more impactful and life-changing than traumatic brain injuries (TBI). A serious brain injury can take away a person’s independence, mobility, ability to work, or even the capability to manage basic self-care. For families, a loved one with a brain injury may no longer be the person they once were and may need constant care.  It is common for people living with brain injury to endure multiple surgeries, months or years of rehabilitation, and seemingly endless doctor visits. A team of medical professionals, such as physical therapists, psychologists, neurologists, and chiropractors, can become part of the recovery process. Assistance and continuous care may be needed indefinitely, and structural changes often must be made to the home to accommodate limitations of the person with brain injury. If you or your family are impacted by a brain injury caused by someone else's negligence or recklessness, you should not have to bear these burdens alone. A brain injury attorney will have the legal expertise and medical knowledge needed to help you navigate the legal process and get the maximum amount of compensation you deserve to help you recover and rebuild your life.               
  • all braininjury What is Traumatic Brain Injury (TBI)?
    Traumatic Brain Injury is a catastrophic type of brain damage caused by a sudden force to the head, such as the skull making an impact with the ground or hard surface during a fall or an object piercing the skull and penetrating the brain. A TBI affects how the brain works and can result in death or permanent disability. 
  • all braininjury How much will my brain injury settlement be?
    As with every type of personal injury, the impact of a brain injury on a person's life will differ depending on the nature and extent of the damage caused. Your brain injury settlement will largely depend on past, ongoing, and future costs for medical care, rehabilitation, and support, as well as past and future lost income. Besides these "economic damages," brain injury victims can recover "non-economic damages" associated with their injury, such as pain and suffering and loss of quality of life. Such damages can be substantial in cases involving permanent damage or the loss of physical and cognitive abilities. 
  • all braininjury What causes Traumatic Brain Injury?
    Numerous events and situations can result in a traumatic brain injury, many of which involve negligent or intentional acts by others. Falls are the leading cause of TBI, according to the Centers for Disease Control and Prevention, followed by car and truck accidents. Other common causes of TBI include being struck by or against an object, sports injuries, and acts of violence, such as physical assault, gunshots, child abuse, or domestic violence.
  • all medmal What are common reasons for filing dental malpractice actions?
    Plenty of things can go wrong in the dentist's chair, especially when surgery, extractions, and anesthesia are involved. Some of the most common reasons for filing dental malpractice actions include:
    • Anesthesia complications.
    • Failure to diagnose oral diseases or cancers.
    • Injuries to oral nerves.
    • Improper placement of crowns and bridges.
    • Improper tooth extraction, including extracting the wrong tooth, unnecessary extraction of healthy teeth, and extractions that cause nerve or gum damage.
    • Root canal injuries.
    • Errors causing nerve damage to face, lips, jaw, or tongue.
    • Infections from improper sterilization of instruments and equipment.
  • all medmal How do I report dental malpractice?
    If you believe your dentist made an avoidable mistake and you can not resolve the problem with them directly, there are steps you can take to hold them accountable. In addition to meeting with an experienced dental malpractice attorney to discuss filing a dental malpractice lawsuit for compensation, you can report your concerns to the regulatory and professional authorities in your state that govern the dental profession. In Maine, you can file an online complaint about your dentist with the Maine Board of Dental Practice. A complaint will then be forwarded to your dentist, who will have the opportunity to respond. If the Board believes there is a basis for your claim, they may commence an investigation that could lead to disciplinary action against the dentist. The Board does not have the power to award compensation to victims of dental malpractice. Damages can only be obtained in a civil dental malpractice lawsuit.
  • all medmal What is dental malpractice?
    Under Maine law, dentists are required to provide care that meets or exceeds the standards of the profession. When a dentist fails to meet that responsibility, and you are harmed, you may have a claim for dental malpractice. Proving that a dentist failed to provide the required and appropriate standard of care can be complicated, and not every bad outcome is necessarily the result of an avoidable dental error. Meeting with an experienced dental malpractice attorney is the best way to determine whether you have a viable claim for compensation.
  • all medmal Can I sue my dentist for nerve damage?
    Yes, if the damage was caused by the dentist making a mistake or failing to meet the appropriate standard of care. Nerve damage is most likely to occur in tooth extractions, root canals, fillings, and dental implants and can cause numbness of the lips, tongue, and face and problems eating or an altered sense of taste. These consequences of nerve damage can have a significant impact on your quality of life. If they result from a dental mistake, you can and should seek compensation from your dentist in a dental malpractice lawsuit.
  • all medmal How long does a dental negligence claim take?
    As with all personal injury and medical malpractice claims, several factors determine how long a dental negligence claim will take. Many dental malpractice cases settle, but a settlement can come early in the process, or it may not happen until the eve of trial. The circumstances surrounding a dental mistake can be complex or relatively straightforward. The dentist's malpractice insurer may try to fight your claim all the way through trial. All of these variables mean that your lawsuit could take several months or well over a year.
  • all vehicle How common are ATV accidents?
    All-terrain vehicle (ATV) accidents are not exceptionally common. Each year, roughly 135,000 people are injured nationwide, and 300-400 are killed. Children are the most affected, with one-third of all deaths occurring in those 16 and younger. In Maine, ATV use is popular due to the state’s robust network of multi-use trails through scenic recreation and wildlife areas. While numerous safety measures and legal requirements provide some protection, serious injuries and deaths from ATV accidents still occur.
  • all pi vehicle What causes most fatal boating accidents?
    The most common cause of boating accidents is operator inattention. Serious injuries and death can result from collisions, improper speed management, and failure to adjust to changing conditions. This type of negligence can lead to passengers slipping and falling or even going overboard. In fatal boating accidents, drowning accounts for 79 percent of all deaths. Eighty-six percent of those who die are not wearing life preservers. The known leading factor contributing to fatal accidents is alcohol use. Secondary factors include improper lookout, operator inexperience, and excessive speed.
  • all insurance vehicle What does RV insurance usually cover in an accident?
    Recreational Vehicle (RV) insurance coverage varies depending on the type of plan. Basic coverage generally includes protection for:
    • Bodily injury liability.
    • Property damage liability.
    • Collision.
    • Comprehensive.
    • Uninsured motorist protection.
    • Underinsured motorist protection.
    • Medical payments.
    Optional add-ons include roadside assistance, towing and labor, vacation liability, safety glass replacement, replacement cost, and scheduled personal effects.
  • all vehicle What should I do after an accident with an RV?
    If you’re involved in a Recreational Vehicle (RV) accident, the first thing to do is call 911. Ask for a police officer to come to the scene so you can file an accident report. If you or any of your passengers are injured, also request an ambulance. We also recommend seeking medical attention even if you do not believe you are injured, as the stress of the accident can often mask symptoms. Once you have taken the preliminary steps to report your accident and injuries, we strongly suggest contacting an experienced personal injury attorney. If you plan to sue, it’s best to investigate an accident is right away. Witness statements, surveillance footage, tire tracks, and other forms of critical evidence are often only available for a short time after the accident. The sooner you contact a personal injury law firm to work on your behalf, the sooner your attorney can collect and preserve all time-sensitive documentation. Another reason to act quickly in contacting a personal injury law firm is that the legal process can be extremely time-consuming. Getting started quickly can speed up the overall timeline, allowing you to receive the compensation you deserve without undue delay.
  • all vehicle How common are truck accidents?
    Around 500,000 trucking accidents occur each year in the US, compared to 6 million nationwide car accidents. Large trucks are much more likely to be involved in a fatal multi-vehicle crash than are passenger vehicles. In Maine, trucks account for just 4.7 percent of all vehicles on the road. Unfortunately, when truck accidents do occur, they can be exceptionally severe. Injuries are often catastrophic, and fatalities are common. Truck accident victims and their families are strongly advised to seek legal counsel to help compensate for the often long-lasting, life-altering injury effects. Some common types of commercial truck accidents include head-on and rear-end collisions, jackknife accidents, blind spot accidents, rollover accidents, and underride accidents.
  • all vehicle What are the most common causes of truck accidents?
    Truck accidents generally have the same causes as car accidents, including:
    • Distracted driving.
    • Fatigue.
    • Impaired driving.
    • Speed.
    • Lack of experience.
    • Failure to obey traffic rules.
    • Poor judgment.
    Fatigue and distracted driving are, understandably, common causes of truck accidents. Drivers often put in incredibly long hours on the road and can easily lose focus. However, truck accidents can also occur due to the negligence of other drivers. Many people rapidly switch lanes or fail to signal, neglecting to account for a truck’s limited braking abilities.
  • all vehicle What can I do to protect my rights after a truck accident?
    The first way to protect your rights after a truck accident is to file an accident report. By calling 911, you can summon both the police and an ambulance to report the accident and then immediately seek treatment for your injuries. These two critical steps are important steps in a successful injury claim. The next step is to hire an experienced truck accident attorney, who will immediately work on your behalf. Unfortunately, evidence such as tire tracks and surveillance footage disappear quickly, and witnesses may forget what happened or lose interest in helping with the case. The sooner you hire an attorney to investigate, the better your chances of preserving evidence essential to your case.
  • all vehicle How can a truck accident attorney help?
    An experienced truck accident attorney will take the bulk of the burden off your shoulders. While you may be asked to provide paperwork, get treatment from recommended physicians, and potentially testify in court, your attorney will generally do the rest of the work for you, including:
    • Filing your claim with the relevant insurance companies.
    • Fielding communications from insurance representatives.
    • Obtaining physical copies of police reports and medical documentation.
    • Negotiating with opposing counsel.
    • Filing your case in court.
    • Drafting and opposing all legal paperwork.
    • Compiling evidence and formulating arguments.
    • Bring your case to trial and arguing your case in court.
    While it is always up to you whether to pursue a claim, there is no reason to take legal action alone. Your chances of recovery and the amount you’re eligible to recover increase substantially with attorney representation. In addition, there is no fee unless your case succeeds, so hiring an attorney to handle your case is risk-free.
  • all vehicle How can a lawyer help after a distracted driving accident?
    If a distracted driving accident causes you to suffer an injury, time out of work, or other losses, a personal injury lawyer can help you recover compensation. A lawsuit against a distracted driver is intended to bring the victim as close to “whole” as possible by paying out any expenses you incurred and for non-economic damages like pain and suffering, emotional trauma, and lost quality of life.   Personal injury attorneys generally work on a contingency basis, which means they only take a fee if your case succeeds. Their job is to get you the maximum compensation to which you are entitled under the law. While they generally need your cooperation to obtain the necessary paperwork and proceed with the case in court, your lawyer will do most of the work on your behalf.
  • all vehicle Who is responsible for distracted driving?
    It depends. In some accidents, both parties are responsible. One driver may have been texting while the other was intoxicated or speeding. The court will generally determine a percentage of fault to each party, and damages will be decided accordingly. However, Maine is a modified comparative negligence state, meaning you must be less than 50 percent at fault for the accident to be entitled to any recovery.  For example, if you are entitled to $100,000 but are found to be 20 percent at fault, you will receive $80,000. If you are partially at fault for your accident, your personal injury attorney will formulate a persuasive theory of liability that paints you in the best possible light.
  • all vehicle How many accidents are caused by distracted driving?
    Distracted driving has been on the rise in the technological era. In 2019, 7 percent of all fatal driving crashes in the US were caused by distracted driving, with an estimated 27 percent of these crashes caused by cell phone use.   Other forms of distracted driving include eating or drinking, talking to passengers, grooming, reading maps, and using a navigation system.   If you are injured due to a distracted driver, a personal injury suit can help hold them accountable for their negligence. Lawsuits not only help compensate the victim for their losses, but they also help discourage reckless behavior and make the roads safer.  
  • all medmal pi What is the statute of limitations for filing a lawsuit against the VA?
    Lawsuits against the Department of Veterans Affairs (VA) are governed under the Federal Tort Claims Act (FTCA). This law provides a set of limited exceptions to immunities otherwise granted to the federal government. Under the FTCA, a claim must be filed within two years of the date of injury. That means if you file a claim two years and one day after your injury, the statute of limitations will have run out, and your case will be barred (meaning that you are forever prevented from bringing the claim). Locating and interpreting statutory exceptions and deadlines can be extremely stressful, especially when you’re injured. We recommend contacting a competent personal injury attorney as soon as possible after your injury occurs. An experienced firm like ours will take the burden off your shoulders so you can focus on your recovery.
  • all medmal pi Am I eligible to file a lawsuit against the VA?
    If you are a veteran, you are eligible to pursue a lawsuit against the VA for negligence, misdiagnosis, or malpractice. The FTCA enables you to seek money damages to recover for lost income, medical expenses, pain and suffering, and emotional distress. If you are the surviving family member of a deceased veteran, you can bring a legal claim for wrongful death.  
  • all medmal pi How do I file a complaint against the VA?
    To file a claim against the VA, you must first submit a claim directly via Standard Form 95 (SF-95). This allows the VA to settle your claim out of court. Once the VA receives the claim, you may not file a lawsuit unless the VA refuses to settle for a reasonable amount or ignores the report for more than six months. SF-95 forms are incredibly complicated and best completed with an attorney’s assistance. Berman & Simmons takes no fee unless your case succeeds, and attorney assistance generally leads to higher monetary outcomes.
  • all medmal pi Can you sue the VA for medical malpractice?
    Yes. You can sue the specific licensed medical provider, as well as their employer. Hospitals and medical facilities are expected to properly hire, train, and monitor their staff, which means multiple parties can be held liable. To succeed in a malpractice claim, you need to show that a doctor/patient relationship was formed between you and the medical provider. This means the provider agreed either verbally or through their actions to provide formal medical advice or treatment to you (versus providing general advice). Once this relationship is established, your provider must conform their conduct to the standard of care set forth by the medical profession. If your provider fails to abide by the standard of care and you suffer injury as a result, you can sue for malpractice. An example of malpractice includes failure to diagnose, which occurs when you present with typical symptoms of a medical condition that your provider fails to identify. Failure to diagnose can cause treatment delays, allowing your condition to worsen, or new conditions to develop.
  • all medmal pi What is the VA 1151 claim?
    A VA 1151 claim is actionable in more limited circumstances than an FTCA claim. It is essentially a claim for disability compensation instead of money damages. The benefit of filing a VA 1151 claim is that it is less complicated than a lawsuit and tends to resolve more quickly. However, VA 1151 claims are limited to those involving a VA hospital, outpatient clinic, medical examination, or surgery. Our firm has spent years serving veterans and can help you determine the most appropriate claim for your circumstances. We offer risk-free consultations via phone or in-person and take no fee unless your case succeeds. Don’t hesitate to contact us today.
  • all pi vehicle Should I hire a lawyer for a motorcycle accident?
    We always recommend hiring a personal injury firm to help you with your motorcycle accident case. While you can technically file a claim on your own, a competent attorney can make all the difference throughout the legal process. Firms like ours do not take a fee unless your case succeeds, and we typically earn our clients far greater recoveries than unrepresented plaintiffs. We take the bulk of the burden off your shoulders, allowing you to focus on your healing.  Our firm offers a free consultation to discuss your case. We recommend bringing any medical records you have to your appointment, along with notes, so you don’t forget to mention important details like:  
    • A timeline of events;
    • Names of facilities and physicians that provided treatments;
    • Relevant symptoms and diagnoses;
    • Dates of missed work;
    • Details of other losses you may have suffered.
  • all pi vehicle What is the most common type of collision between cars and motorcycles?
    According to national accident statistics, approximately 42 percent of collisions between cars and motorcycles occur when cars make left-hand turns. These types of accidents are also extremely common between two cars, but a motorcycle’s smaller size makes them even more likely and dangerous.
  • all pi vehicle What is the leading cause of motorcycle accidents?
    There are several causes of motorcycle accidents. Distracted driving is a chief factor, as many people ride with cell phones or other GPS devices. Other causes include intoxicated riding, reckless riding, untrained driving, and speeding.
  • all pi vehicle How common are motorcycle accidents?
    Unfortunately, motorcycle accidents are quite common and tend to be deadly when they occur. Statistics show that motorcycle occupants are nearly 29 times more likely than car passengers to sustain fatal injuries. Even when motorcyclists survive, their injuries can be catastrophic. Extensive medical visits, surgeries, permanent disabilities, and loss of ability to work are common.
  • all pi vehicle When should I file a motorcycle accident claim?
    We recommend filing a motorcycle accident claim as soon as possible. The statute of limitations for motorcycle accidents in Maine is six years, giving you a substantial amount of time to file a lawsuit. However, motorcycle accident claims can take a long time to resolve, particularly if the case goes to trial. Many injured victims are forced to take time off from work to manage their injuries, and they are often forced to pay for many medical and other recovery-related expenses. The sooner your case starts, the sooner you can recover the compensation to manage those financial setbacks.
  • all pi vehicle How much is my motorcycle accident injury claim worth?
    It depends. Many factors influence the amount you’re entitled to recover, including the severity of your injury and its impact on your life. Specific factors that courts consider include:  
    • The impact of the injury on your life and livelihood;
    • The amount of medical bills;
    • The length of treatment required to repair your injuries;
    • Invasiveness of treatment, including whether the injury required surgery;
    • How the injury impacts your life expectancy;
    • Whether you were at fault for the accident.
    It is important to understand that your recovery amount may be reduced depending on the degree of fault attributed to you. In Maine, you can only recover damages if you are found to be less than 50 percent at fault for the accident. Your percentage of fault will reduce your damages. This means that if you are found to be 40 percent at fault and are awarded, as an example, $100,000 in damages, your recovery will be $60,000.  
  • all medmal pi What is failure to treat?
    Failure to treat can occur in a variety of circumstances. It essentially involves a healthcare professional neglecting to properly diagnose a medical condition or injury, causing a delay in essential care. Often, the patient’s condition worsens due to this delay, and new conditions may develop.
  • all medmal pi Can you sue for failure to treat?
    To sue for failure to treat, the elements of a medical malpractice claim must be met, including duty, breach, causation, and damages. A healthcare professional has a duty to you beginning the moment a provider/patient relationship is formed. Once this relationship is created, the healthcare provider is required to conform their care to the leading standards of the medical profession. This means that if it is a standard medical practice to respond to a certain set of symptoms with a particular diagnostic test, a physician’s failure to act accordingly can give rise to liability.  However, even if the provider fails to conform their care to medical standards, the patient still must show they were injured. Generally, a similarly credentialed medical provider’s expert testimony will be required to verify that your treating provider is responsible for the new or worsening conditions that resulted.
  • all medmal pi How can you sue a hospital for poor care?
    Medical malpractice is the legal cause of action for improper care that rises to the level of negligence. Failure to treat is one form of medical malpractice, but others include misdiagnosis, prescription drug errors, surgical or procedural errors, and childbirth injuries. Medical malpractice can also include general medical negligence. All hospital employees, including nursing staff and administrative workers, are expected to conform their conduct to the leading medical standards. For example, it is standard practice to place a patient in the ICU under certain conditions. If a person meets the criteria, but hospital staff fails to provide them with intensive care, the parties responsible for making the call can be held liable.  As with failure to treat, all successful medical malpractice claims require proof of duty, breach, causation, and damages. 
  • all medmal pi Can an emergency room turn you away?
    It depends. Federal law requires most hospitals to provide emergency services, regardless of whether a patient is insured. Generally, emergency staff is only required to stabilize a patient in these conditions. However, this law is limited to facilities that receive Medicare payments from the federal government. Private hospitals often have no requirement to treat you even if you’re suffering an emergency.
  • all medmal pi Can you be denied medical treatment?
    Yes. You can be denied non-emergency medical treatment. You can also be denied treatment at a doctor’s office or medical facility that does not have an emergency department. In addition, private hospitals that do not receive Medicare payments can refuse to treat you.
  • all medmal pi What do you do when a medical provider refuses to treat you?
    Even if your emergency isn’t obvious, you are entitled to be screened for any emergency health conditions if you go to a public hospital. If hospital staff refuse to provide a screening, tell them they are in violation of the Emergency Medical Treatment and Active Labor Act (EMTLA). If they still refuse to treat you, visit another public emergency room. The delay in medical care caused by visiting another hospital may cause new or worsening medical conditions. If this occurs, contact a medical malpractice attorney to discuss your rights.
  • all medmal pi How should I talk to a lawyer about failure to diagnose?
    Medical malpractice attorneys are happy to help you address your failure to diagnose claim. Many offer same-day free consultations and take no fee unless your case succeeds. It is always a good idea to bring any medical records you have to your appointment. We recommend taking notes beforehand so you don’t forget to mention important details, including the names of facilities and physicians that provided treatments, a timeline of events, relevant symptoms and diagnoses, dates of missed work, and details of other losses you may have suffered.
  • all medmal pi Can you sue a medical provider for failure to diagnose?
    Yes. Medical providers are expected to conform to leading medical standards. Provided a provider/patient relationship existed, if your provider failed to provide appropriate testing or ask necessary questions, you may sue for damages related to any new or worsening conditions that resulted.
  • all medmal pi How do you prove failure to diagnose or misdiagnosis?
    Expert testimony is the most common way to establish medical malpractice. This involves hiring a similarly credentialed physician to review your medical history. If the expert agrees with your claim, they will state under oath that your physician’s failure to diagnose gave rise to the new or worsening conditions.
  • all medmal pi Is failure to diagnose or misdiagnosis medical malpractice?
    Failure to diagnose and misdiagnosis are both forms of medical malpractice. In any malpractice claim, the patient generally must prove that a provider/patient relationship existed, that the physician breached the standard of care, and that the patient suffered damages as a result.
  • all medmal pi Is there a statute of limitations for failure to diagnose lawsuits?
    In Maine, failure to diagnose lawsuits generally have a three-year statute of limitations, which begins running the moment the medical malpractice occurs. This means that once you suffer injury due to failure to diagnose, you have three years from that day to bring a claim against your provider.  While many failure to diagnose cases are obvious, some may be more difficult to pinpoint.  We recommend contacting a medical malpractice attorney as soon as you suspect your medical provider’s negligence caused you harm.
  • all ltdclaims pi What is the most common cause of spinal cord injury?
    According to the World Health Organization (WHO), car accidents are the most common cause of spinal cord injury (SCI). Specifically, car rollovers account for 70 percent of road accidents causing SCI. Other common causes include falls and violence. The most common spinal cord injuries affect the vertical and thoracic areas. These injuries can cause permanent and lifelong disability.
  • all ltdclaims pi What is a spinal cord injury?
    Spinal cord injury involves any damage to the spinal cord or nerves attached to the spinal canal. Every year, between 240,000 and 500,000 people suffer a SCI.   The consequences of a spinal cord injury can be devastating, including semi or permanent loss of strength, sensation, and function below the injury site. This can obviously have a tremendous impact on the victim's ability to work, socialize, travel, and manage day-to-day functions without assistance.  Spinal cord injury survivors' lifetime care can be costly. Many are on permanent disability, require home healthcare, or reside in assisted living facilities. A personal injury lawsuit is designed to compensate the victim for these economic damages and provide for the pain, suffering, emotional trauma, and lost quality of life caused by the accident. 
  • all ltdclaims pi How much should you expect from a back injury settlement?
    Back injury settlements can vary, ranging in value from modest to significant. However, traumatic spinal cord injuries typically settle for an average of $1 million. The difference is that a "back injury" involves damage to the bones around the spinal cord (vertebrae). While painful, this condition typically does not cause a spinal cord injury's permanent, lifelong effects, which can permanently compromise mobility.  The amount of compensation for either a back injury or spinal cord injury will depend on several factors, including: 
    • The impact of the injury on your life and livelihood.
    • The amount of medical bills;
    • The length of treatment required to repair it;
    • The invasiveness of treatment, including whether the injury required surgery;
    • How the injury impacts your life expectancy;
    • Whether you were at fault for the accident.
    Maine is a modified comparative negligence state, which means that you must be less than 50 percent at fault for the accident to recover damages. Provided you meet that standard, any percentage of fault attributed to you will reduce your total recovery.  For example, you may have been hit in the rear after you stopped short. If your injury is worth $100,000, but the jury finds you to be 20 percent at fault, you will recover $80,000.    
  • all ltdclaims medmal pi How do you prove anesthesia malpractice?
    Like all medical malpractice claims, an anesthesia malpractice case requires you to prove the basic elements of duty, breach, causation, and damages. "Duty" means there was a physician/patient relationship, and "breach" means the physician failed to conform to the standard of care. If the breach results in injury or worsening medical progress, you can present evidence of the associated costs and receive financial compensation. Your personal injury lawyer's job is to gather your medical records and employ a medical expert to testify on your behalf. Typically, a fellow anesthesiologist will review your case and attest that your treating physician failed to provide care that meets relevant medical standards.
  • all ltdclaims medmal pi What is surgical malpractice?
    Surgical malpractice occurs when the physician performing surgery, or any provider assisting with the surgery, fails to conform their care to the leading standards in the medical profession. For example, it may be customary for an anesthesiologist to provide a specific anesthetic dosage relative to the patient's weight. If too much or too little is given and injury results, a malpractice claim may be filed.  Similarly, a surgeon may accidentally leave an object inside the patient during surgery. Obviously, this does not conform to the standard of care. The surgeon can be held liable for the mental and physical costs of harm, including the removal surgery and resulting symptoms and pain.  
  • all ltdclaims medmal pi Can you sue for a failed back surgery?
    Yes. If you suffered an injury due to your physician's negligence, you could sue to recover economic and non-economic damages. Economic damages include medical bills, lost time from work, and home care costs. Non-economic damages include pain and suffering, psychological trauma, and lost quality of life. As in anesthesia malpractice, to successfully sue after a failed back surgery, you will need to present proof of duty, breach, causation, and damages. Your personal injury lawyer will hire a surgeon specializing in back surgeries to testify that your physician failed to conform to the standard of care.
  • all ltdclaims medmal pi Can you sue for nerve damage after surgery?
    Yes. Any time your physician's negligence causes a new or worsening injury, you can sue to recover the economic and non-economic damages you suffered as a result. You will need the testimony of a medical expert to establish that your physician's negligence indeed caused the nerve damage.
  • all ltdclaims medmal pi How long after surgery can you sue for malpractice?
    We recommend contacting a personal injury attorney as soon as you suspect medical negligence may have occurred. Consultations at most firms, including ours, are generally offered free of charge, and there is no fee unless your case is successful. Your attorney can help you determine whether you have a viable claim against your physician. They will also direct you to medical providers to help document and treat your injury. Once there is sufficient medical documentation to establish that malpractice occurred legally, your attorney will file suit. Depending on whether your case settles or goes to trial, the process can take anywhere from several months to several years to resolve.  Remember that the law places firm limits on when you can sue for medical malpractice. In Maine, you have three years from the date of injury to file suit against your physician. For this reason, we recommend contacting a medical malpractice attorney as soon as you suspect malpractice occurred.
  • all braininjury How common are brain injuries?
    Each year, approximately 2 million Americans sustain a traumatic brain injury. More than 50,000 people are killed, and about 250,000 are hospitalized, according to the Centers for Disease Control and Prevention. Fortunately, a majority will fully recover. But thousands more face lasting difficulties and long-term medical care. All traumatic brain injuries are unique, depending on the type and amount of force involved.
  • all braininjury How much will a brain injury lawyer cost me?
    The lawyers at Berman & Simmons work on a contingency basis. That means you pay nothing up front and nothing unless we settle or win your brain injury lawsuit. We will consult with you, evaluate your situation, and do initial research free of charge. This is true even if we decide you don’t have a valid claim. We will also cover all necessary case expenses and you will not be obligated to reimburse us unless and until we recover monies on your behalf. If we take your case and win a settlement or a jury verdict in your favor, a percentage of the compensation goes to pay for our costs and the work done by our legal team.
  • When do most pedestrian fatalities occur?
    According to the National Highway Traffic Safety Administration, most fatal pedestrian accidents occur in the evening between the hours and 6:00-8:59 PM (26% of fatalities), followed closely by 9:00-12:00 (23%).
  • Which categories of loss can victims of pedestrian accidents recover financial losses?
    • Pain, suffering, and emotional distress
    • Medical expenses
    • Loss of future earnings
    • Interference with your enjoyment of life 
    • Time lost from work
  • How many pedestrians are injured every year?
    70,000 pedestrians are injured by motor vehicles every year, or one pedestrian every 8 minutes.
  • Are pedestrian accidents a danger to children?
    Yes. Although the National Highway Traffic Safety Administration says that the average age of pedestrians injured has steadily increased to 36, a staggering 21% of children aged 14 and younger who are killed in traffic crashes are pedestrians. In addition, 15% of all pedestrians injured were children aged 14 or younger.
  • Why should I contact an attorney about my pedestrian accident?
    • Many states have strict deadlines for filing personal injury claims
    • Witnesses may become unavailable and evidence may be lost over time
    • You should only be focusing on recovery 
    • The other insurance company is likely already building their client’s case against you
    • You’ll need help navigating your medical care and dealing with financial pressures
  • What are the most common causes of rear-end collisions?
    • Tailgating 
    • Inattention
    • Drunk or impaired driving
    • Speeding
    • Distracted driving
    • Use of cell-phones
  • How can whiplash caused by a rear-end collision become serious?
    The major effects of whiplash often don’t show up until days after the accident. Effects of whiplash can include: headache, blurred vision, neck pain, tingling or burning in arms, dizziness, back pain, shoulder pain, arm pain, decreased range of motion, and sleep disturbance.
  • What are common injuries of rear-end collisions?
    • Whiplash
    • Brain injuries or concussions
    • Arm and wrist injuries 
    • Facial injuries 
    • Spinal cord injuries 
    • Broken bones and fractured ribs 
    • Foot and ankle injuries
  • What types of reckless activities can lead to rear-end collisions?
    • Speeding
    • Distracted driving
    • Disobeying traffic rules
    • Driving under the influence
    • Driving tired
    • Failing to drive safely in dangerous weather conditions
  • Are rear-end collisions usually the fault of the tailing driver or the lead driver?
    Most rear-end collisions are the fault of the tailing driver; however, the lead driver can be at fault if their car has broken or disabled brake lights, the lead driver reverses suddenly, or the lead driver suddenly changes lanes in front of another vehicle.
  • What is a metabolic disorder?
    It is critical that infants be able to absorb and process the nutrients in their foods in order for their ongoing development to occur correctly. Metabolic disorders interfere with this process, preventing a baby from properly breaking down protein, carbohydrates, and fats. In addition, the disorder blocks the breakdown pathways of these substances, which causes a buildup of toxic intermediate metabolites over time. Metabolic disorders can lead to brain damage, organ damage, or death if not recognized and treated immediately.
  • What are common types of metabolic disorders?
    • Galactosemia

    • Lysosomal Storage Disorders

    • Maple Syrup Urine Disease

    • Metal Metabolism Disorders, Such as Wilson’s Disease

    • Phenylketonuria

    • Other Fatty Acid Oxidation or Urine Organic Acid Disorders

  • How can doctors diagnose metabolic disorders?
    Doctors diagnose metabolic disorders through administering a simple blood test (called newborn metabolic screening) shortly after birth. This allows the doctor to catch these disorders and treat them before they cause damage to the baby. Unfortunately, many doctors fail to administer the appropriate test or take other steps to identify and treat an affected child.
  • What are the symptoms of newborn metabolic disorders?
    Symptoms of newborn metabolic disorders include seizures, abdominal pain, developmental delay, failure to thrive, high ammonia in the blood, large quantities of Ketones in the urine, vomiting, lethargy, poor appetite, acidosis in the blood, and coma.
  • What damages can be recovered from an undiagnosed newborn metabolic disorder?
    Failure to diagnose newborn metabolic disorders is an example of medical malpractice. Financial damages that are recoverable from an undiagnosed newborn metabolic disorder include:  
    • Medical expenses for your child’s care.
    • Rehabilitation, therapy, or special education costs.
    • Out-of-pocket expenses from your child’s condition.
    • Pain and suffering for your child.
    • Disability damages.
    • Other damages.
  • What should I do if I’m not sure whether or not medical malpractice occurred?
    Oftentimes, medical malpractice cannot be categorized simply because of the wide range of medical procedures available. Clients may think that a medical professional made a mistake, or just did a poor job at treatment. Our team of experienced lawyers will be able to tell you whether or not medical malpractice occurred after reviewing the facts. If medical malpractice did occur and a case can be made, our lawyers will pick up the case and fight for justice for the victim.
  • What types of medical malpractice cases have your attorneys handled?
  • Why should I contact an attorney about my medical malpractice case?
    There are many reasons why you should talk to an attorney. You may need to discuss whether an autopsy is necessary to prove that the negligence caused a loved one’s death. In addition, obtaining complete medical records from hospitals is a daunting task, and important evidence may be lost or degraded over time. Lastly, Maine’s statute of limitations for medical malpractice cases is short in comparison to the statute of limitations for general personal injury claims.
  • What if your firm hasn’t worked on a medical malpractice case like mine?
    Our attorneys have handled a wide variety of cases. Even if we have not handled a case specifically like yours, it is likely that we will recognize the circumstances and know how to legally proceed. If your case involves completely new ideas, our attorneys will still know how to determine the quality of your case and help you maximize your recovery.
  • Are defective automobiles common?
    Yes, defective automobiles are more common than you might think. In 2014, over 50 million automobiles were recalled nationwide for a variety of issues,  including faulty airbags, ignition switches, alternators, brakes, and tires.
  • What are the most common automobile defects?
    According to Ford, common automobile defects include:
    • Seatbelts
    • Airbags
    • Door Latch Mechanisms 
    • Fuel Pump
    • Steering components
    • Braking systems
    • Windows 
    • Tires
    • Windshield wipers
    • Headlights and taillights
  • What are examples of recent large-scale defective automobiles?
    Toyota and GM are responsible for some of the biggest defective automobile scandals in recent history, especially when consumers learned that they knew about their defect for quite some time before their first recall. Toyota’s “unintended acceleration” defect in 2010 ultimately resulted in less than 10 million cars being recalled, and GM’s ignition switch defect in 2014 resulted in 27 million cars being recalled.
  • What is carbon monoxide poisoning?
    Carbon monoxide (CO)  is often referred to as the “invisible” killer due to its odorless, tasteless, and colorless quality, which makes it difficult to detect. Carbon monoxide is produced when fuels like gasoline, oil, kerosene, wood, and charcoal are burned but don’t fully combust.
  • What causes carbon monoxide poisoning?
    Carbon monoxide poisoning is usually caused by faulty installation or ventilation design. It can also be caused by a  failure to maintain furnaces, heaters, fireplaces, and other fuel burning features in homes, vehicles, or buildings.
  • How many people does carbon monoxide poisoning affect?
    An average of 500 people are killed, and thousands become ill every year from CO poisoning.
  • Who is responsible for carbon monoxide poisoning?
    Those responsible for CO poisoning include property owners and companies that design, install, or maintain fuel burning appliances.
  • What should I do if I think I may have been exposed to carbon monoxide?
    The first thing you should do is leave the source of the carbon monoxide poisoning and call 911 or see a doctor immediately. Next, contact a fire department to identify the source of the CO poisoning and don’t use the fuel-burning appliance  until it is repaired or replaced.
  • What causes gas and propane explosions?
    Common causes of gas explosions include faulty venting or installation, defective gas connectors or valves, leaking pipes (or hoses and tanks), and improper maintenance.
  • What are the most common sources of gas explosions?
    Common sources of gas explosions include propane tanks, gas meters, and barbecue grills.
  • How many gas and propane explosions happen every year?
    There are about 280 “serious” gas explosions every year, meaning that the explosions caused serious injuries, loss of life, or over $50,000 worth of damage. In addition, an average of 15 people died from gas explosions between 1998-2017.
  • Where do most ladder related injuries occur?
    Although many ladder related accidents occur at job sites (such as for roofing or construction professions), it may be surprising that a majority of ladder accidents occur at private residences and homes.
  • What if my accident wasn’t caused by a defective ladder?
    In some cases, our attorneys will determine that a ladder related accident was caused by improper training given to an employee,  and not a defect in the equipment. In these cases, the employer can be held liable and our attorneys will still pursue justice for you.
  • How common are ladder injuries?
    According to Autoaccident.com, ladder injuries have increased by 50% in the past 10 years. Every year, about 500,000 people are injured in ladder falls every year in the U.S. In addition, out of these accidents, 164,000 result in serious enough injuries to require treatment in the emergency room.
  • What are some ways to avoid injuries related to tool use?
    According to the University of Lethbridge, you can avoid injury by: 
    • Never using a tool that is defective
    • Double checking tools prior to use to make sure they work efficiently
    • Make sure all defective tools are repaired or replaced
  • What are other causes of machinery/equipment failure besides being defective?
    Our attorneys will determine whether or not your claim is connected to equipment defects, or another reason entirely. According to FarmProgress, other causes of equipment failure besides defects include:
    • Not reading the operator’s manual 
    • Improper maintaining of the equipment
    • Bad electrical connection
    • Overrunning machines
    • Not replacing old parts 
    • Having misaligned or broken tighteners 
    • Failure to store the equipment correctly 
    • Weather related problems
    • Ignoring warning labels 
    • Inexperienced/untrained operators
  • How can your team of attorneys prove my equipment defect in court?
    Our attorneys have recovered over $1.35 billion dollars for our clients after an injury. Our attorneys have extensive knowledge and experience with product liability laws, manufacturing, and safety standards. Our firm also brings experts to “reconstruct” your industrial accident for insurance companies, defense attorneys, a judge, and jurors. That way, there can be no doubt about your claim.
  • How many people are harmed by pharmacy errors every year?
    3,500 people are injured or killed every day in the U.S. from pharmacy errors, which adds up to over a million injured people a year. In one study, it was found that there was an error in 1 out of every 8 prescriptions.
  • Who is most at risk for pharmacy errors?
    With the rising use of pharmaceuticals every year, every age and demographic is at risk for pharmacy errors. However, because elderly people tend to take more medications, they are particularly at risk.
  • What are some common pharmacy errors?
    • Unclear prescriptions
    • Incorrect labels on pill bottles
    • Failure to warn a patient about side effects
    • Incorrectly administering too high of a dose
    • Prescribing a medication that has an adverse reaction with another medication
  • How prevalent is nursing home abuse?
    A 2017 study found that there were 9,000 instances of abuse at 5,200 facilities in the U.S. over the span of two years. In addition, over 1,600 of these incidents resulted in serious injuries or death to the victim.
  • What are ways that nursing home abuse can occur?
    • Mistakes in administering medication 
    • Incorrect use of antipsychotic medication
    • Physical assault
    • Sexual abuse 
    • Dehydration
    • Incorrect or negligent care of people with Alzheimer’s disease or dementia
    • Mistreatment or negligence leading to injury
    • Bedsores
    • Malnutrition
    • Drops and falls that were avoidable 
    • Improper use of restraints
    • Illegal discharging of patients
  • Why is nursing home abuse difficult to detect?
    The nursing home  staff that are committing the abuse will usually try to protect themselves, even going so far as to blame the victim for the abuse. In addition, many signs of abuse are difficult to detect due to the fact that they don’t show up on the outside of the body, such as with psychological and emotional abuse. Elderly people who have difficulties communicating are particularly at risk.
  • How is a serious injury defined?
    Law Insider explains that a serious injury is “a physical injury that creates a substantial risk of death or that causes serious disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily organ.”
  • How common are accidental serious injuries?
    According to the National Safety Council, accidental injury is now the #3 most common cause of death in the United States. In addition, the rate of preventable death rose by 10% in 2016, and a recent study found that an American dies from a preventable accident every 3 minutes.
  • What should I do if someone around me is seriously injured?
    The National Health Service (NHS) says that if someone around you is injured, you should: 
    • Make sure that the injured person is safe, or make the situation safe if possible. 
    • Dial 911 when you are able to do so. 
    • Carry out first aid as needed.
  • How were the Berman & Simmons attorneys involved with the El Faro case?
    Berman & Simmons represented the families of Danielle Randolph and Dylan Meklin, who were tragically killed in the sinking of the El Faro cargo ship during Hurricane Joaquin in 2015. Randolph and Meklin were among 33 crew members killed in the disaster. Both Randolph and Meklin graduated from Maine Maritime Academy and were both from Rockland, Maine.
  • Who is protected under maritime laws?
    Anyone working on a ship away from port is protected under the Jones Act, meaning that owners of the vessels are liable if the ship is unsafe or understaffed during an emergency. In addition, there are multiple international regulations (including the International Convention for the Safety of Life at Sea (SOLAS) to specifically protect cruise ship passengers.
  • What areas are the jurisdiction of maritime law?
    According to the Department of Justice, maritime jurisdiction includes “The high seas, any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State, and any vessel belonging in whole or in part to the United States or any citizen thereof, or to any corporation created by or under the laws of the United States or of any State, Territory, District, or possession thereof, when such vessel is within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State.”
  • What is PFAS?
    PFAS stands for perfluoroalkyl and polyfluoroalkyl substances, which are long lasting chemicals that have been produced since the 1950’s and favored for their ability to repel heat, oil, and water. These chemicals are used in numerous commercial and household products; however, they pose a great danger. PFAS chemicals don’t break down easily over time, and can build up to toxic levels in the human body.
  • How many people are affected by PFAS exposure?
    Just in the U.S. alone, The Environmental Working Group says that PFAS contamination affects 15 million Americans.
  • What are the health effects of PFAS contamination?
    PFAS contamination can result in many adverse health effects, including (but not limited to): 
    • The development of autoimmune disorders 
    • The development of thyroid disease
    • An increase in cholesterol levels
    • Decreased fertility and birth complications
    • Ulcerative colitis 
    • Liver damage
    • High blood pressure during pregnancy 
    • The development of testicular, kidney, and prostate cancer
  • What are the most common types of PFAS exposure?
    The most common sources of PFAS contamination is food and beverages, household products, and the workplace. PFAS is sometimes found in food packaging, facilities that manufacture or process the food, and contaminated food ingredients (ex. Contaminated milk from a cow exposed to PFAS). For household products, PFAS is commonly found in polishes, paints, waxes, cosmetics, cookware, fabrics, electronics, and pesticides. PFAS can also be found in some workplaces, especially those that act as manufacturing facilities for these products.
  • Can alcohol servers in Maine be liable for someone else’s crime?
    Yes. Under Maine, the business or individual who served alcohol to an underage or visibly intoxicated person can be legally liable for crimes committed by that person as a result of their intoxication. As per the Maine Liquor Liability Act, servers of alcohol extend beyond bartenders and liquor store employees, and even includes social hosts at parties.
  • What should I do if I was injured by a drunk driver?
    If you are injured by a drunk driver, there are specific steps to take to protect yourself both physically and legally. These include: 
    • Call 911 to report the accident
    • Write down the name of the other driver, as well as their license, registration, and insurance information. 
    • Note any witnesses to the accident and get their information too if possible.
    • Get medical help for your injuries immediately
    • Take photographs of your injuries and damage to the vehicles
    • Contact an attorney
    • Report the accident to your insurer, but don’t give any statements before talking to an attorney
    • Don’t talk to anyone from the other driver’s insurance company before getting advice from an attorney
  • What are the financial implications of liquor liability in Maine?
    According to the Bureau of Highway Safety in Maine, plaintiffs can be awarded for property damage, personal injury, or death.  The maximum placed on this is $250,000 plus medical expenses.
  • What is premises liability?
    Premises liability refers to accidents that are caused by dangers on another person’s property. Examples of dangers that could cause premises liability include broken staircases, windows, or floors. Other examples include slippery walkways from rain and ice, building features that don’t meet code requirements or aren’t maintained, and poor lighting.
  • What if I slip and fall on government property?
    According to Nolo, the government is responsible for your injury and/or losses incurred by a slip and fall on their property. However, the government has placed strict procedure protocol on filing claims against them. Therefore, it is not easy. In addition, you must prove in court that the accident was caused directly by the government’s negligence. In order to succeed, you need an experienced attorney skilled in premises liability laws to help your case.
  • How can I prevent my own premises liability?
    Nationwide explains that there are ways that you can prevent premises liability on your own property, including: 
    • Conducting daily surveys of the premises, looking for possible dangers. These can include ripped carpeting, uneven flooring, or wet surfaces. 
    • Consistently maintain all floors and walkways
    • Immediately address problems by putting up appropriate warning signs and remedying the issue as soon as possible
    • Train all employees in slip and fall safety, including how to appropriately respond to injured persons
    • Regularly check and maintain outdoor areas, including sidewalks and parking lots
    • Document all of your efforts
  • How common are workplace injuries?
    Unfortunately, too common. In 2017, 2.8 million Americans were hurt while on the job, and 5,147 were killed. In addition, many researchers believe that the number of work related injuries is actually much higher, due to the fact that workers may not want to report their injury.
  • What kind of workplace injuries can Berman & Simmons attorneys help with?
    Our attorneys have extensive experience in a wide range of work related injury cases, including (but not limited to): 
    • Construction accidents
    • Exposure to toxic materials
    • Accidents resulting from transportation
    • Fires
    • Explosions
    • Repetitive motions
    • Industrial accidents
    • Accidents resulting from heavy machinery
    • Electrocution
    • Falling objects
    • Workplace violence
  • Should I just file a claim with workers’ compensation?
    Many workers believe that filing a claim with workers’ compensation is the only way to retrieve lost income and cover medical expenses. In reality, workers’ compensation usually fails to cover all of a victim’s losses from their workplace injury. In addition, workers’ compensation provides nothing for pain and suffering incurred through an injury. If you have a personal injury claim against a company or individual other than your employer who contributed to the injury occurring, talk to one of our skilled attorneys.
  • How often are construction workers injured on the job?
    Due to the heavy equipment used and sometimes dangerous environments construction workers labor in, work related injuries are unfortunately common. According to the Occupational Safety and Health Administration (OSHA), about 1 in every 10 construction workers are injured in the U.S. every year.
  • What is the most common type of construction site injury?
    According to the U.S. Bureau of Labor Statistics, falls are the most common type of construction injury, making up 37.9% of all construction related work fatalities.
  • What are some ways to avoid construction site injuries?
    There are multiple ways to avoid construction accidents, including: 
    • Wearing personal protective equipment (PPE)
    • Take frequent breaks/enforce breaks
    • Have clear, easy to read warning signs
    • Take care of all equipment properly
    • Have regular safety meetings
    • Perform regular safety inspections
    • Give employees proper training
    • Create a stress free work environment
    • Use safe storage solutions for toxic materials
    • Have fall protection protocol in place
  • How many dogs live as pets in the U.S.?
    Dogs are an extremely common household pet in the U.S., increasing at an average rate of 1 million per year. There are currently 78 million dogs living as pets in U.S. households.
  • How common are dog bites?
    Despite how beloved dogs are, dog bites are quite common. Although some of these bites are minor, others can be serious or even fatal. According to the American Veterinary Medical Association (AVMA), approximately 4.5 million dog bites occur every year, with children at the most risk of being bit.
  • How can I help prevent dog bites?
    According to the American Veterinary Medical Association, there are steps that you can take to prevent dog bites, including: 
    • Socializing your dog regularly 
    • Being a responsible owner, including training and exercising your dog
    • Educating your family about how to properly approach a dog
    • Avoiding risky situations, such as approaching a dog when it is alone, injured, or eating
    • Reading a dog’s body language, especially it is seems frightened or stressed
  • What is an intentional tort?
    A tort is a wrongful act or infringement of rights. In most cases, as in drunk driving accidents or pharmaceutical errors, harm was caused by the person’s negligence or poor decision making, but they didn’t intend to harm you. In other cases, however, the other person is purposefully trying to harm you, as in assault or embezzlement. Not only are these torts illegal, but the victim also has a claim against the offender to recover losses or injuries.
  • What are common examples of intentional harm cases?
    According to Cornell Law School, common examples of intentional harm include (but are not limited to):
    • Battery
    • Assault (physical or sexual)
    • False imprisonment
    • Trespassing 
    • Infliction of emotional distress
  • What are common risk factors to intentional harm cases?
    The Division of Disease Prevention explains that some factors that raise the risk of intentional harm occurring include:
    • Access to firearms 
    • History of violence
    • Alcoholism
    • Mental illness
    • Poverty
  • What field can professional malpractice happen in?
    Professional malpractice can happen in any field, but common fields are: 
    • Legal malpractice 
    • Real estate agent malpractice 
    • Funeral home malpractice 
    • Accounting malpractice
    • Engineering malpractice
  • What is the difference between negligence and malpractice?
    There are subtle differences between negligence and malpractice. Negligence refers to a lack of care that results in injury. Malpractice is a little more specific, and looks at the standard of care given, as well as the professional status of the caregiver. If the offender is not a professional, they are guilty of negligence. If the offender is a professional, and the offense took place in their practice, then there might be a basis for malpractice.
  • How can someone prove negligence or malpractice?
    In order to prove negligence or malpractice, the following must be established:
    • A duty owed to the client/patient
    • A breach of duty owed to the client/patient
    • Being able to foresee the consequences 
    • A direct consequence of injury
    • The extent of the injury itself
    • The extent of other damages

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