One issue frequently faced in personal injury cases is the effect of payments made by an underinsured motorist or her liability insurance carrier upon our injured client’s claim against her own underinsured motorist coverage.Underinsured motorist carriers are quick to argue that any payment from the underinsured tortfeasor or his insurer is to be deducted from the uninsured motorist limits, without regard to the damages suffered by the insured. A closer look at the case law shows that things are not so clear-cut....
Law Articles
As plaintiff’s attorneys, we must always be aware of opportunities to extend the reach of the law in ways that will help our clients. At Berman & Simmons we pride ourselves on working at the frontier, pursuing justice creatively and aggressively in cases where that is possible....
As plaintiffs’ lawyers, we must recognize and work to overcome the fundamental injustice of situations in which the defendant’s own actions would otherwise serve to insulate him from liability due to a lack of proof. Courts are increasingly open to adopting ameliorative doctrines designed to avoid such a result. A thorough knowledge of these doctrines is critical to successfully representing a plaintiff in such cases and, perhaps more importantly, to anticipating those situations in which the basic principles underlying those rules may call for their novel application....
Every lawyer wants his or her clients to have the best possible results from their injury cases. While there is no formula for accomplishing that, an aggressive and imaginative case-handling philosophy, properly and thoroughly executed, will enhance the clients’ chance for success....
The Maine Liquor Liability Act, 28-A M.R.S.A. §§ 2501-2520 (MLLA), provides for recovery of damages against anyone who negligently or recklessly “serves” alcohol to a minor.1 However, there are social gatherings where minors drink, some of which are even hosted by parents or other adults—so-called BYOB parties—at which no one “serves” the alcohol. When an intoxicated minor guest at such a gathering goes out and causes injuries, the question of the liability of the social host arises....
For some time now, those who represent victims in wrongful death cases have been advocating for legislative action to enhance the fairness and the scope of recovery under Maine’s death act. As a result of these efforts, effective September 12, 2009, the Legislature enacted two important changes to the statute, 18-A M.R.S.A. § 2-804....
SummaryAnyone can settle cases. The challenge, however, is maximizing the recovery. Prepare as if you were going to trial. Only when you can convey that you are ready and able to try the case, can you negotiate effectively for settlement.I. IntroductionAnyone can settle cases. The challenge, however, is maximizing the recovery. Every case, needs to be prepared as if it were going to trial. Only when you can convey that you are ready and able to try the case, can you negotiate effectively for settlement....
SummaryThe primary purposes of discovery: finding out, impeachment and preserving testimony. Think about conducting little or no formal discovery: you may not need numerous interrogatories, notices to produce or extensive depositions to prove your case....
Products liability law has become increasingly complex and, in its evolution, the protections created for consumers of unsafe products are being eroded. The complexity in such cases is unnecessary and can be avoided. The issues involved may be clarified simply by having and maintaining a clear focus on first, the purposes for products liability, second, what type of product “defect” is involved and how that case fits into the products liability framework, and third, what issues are raised by the type of case and which, sometimes more importantly, are not....
It is a maxim that a tort defendant takes his victim as he finds him. Called the “eggshell plaintiff” rule, this theory makes a defendant responsible for all damages resulting from his negligence, “even though, because of the plaintiff’s preexisting frailty of health, they proved to be more severe than they would have been in a normal person.”1 Although the theory is well-established in Maine and elsewhere, questions remain concerning its application in certain types of cases....
Working with experts is necessary in almost every tort case today. Whether you need a doctor to prove liability in a medical malpractice case or a life care planner to bolster your damage case, experts are critical to giving your client the best chance to succeed. However, working with experts can also be risky and expensive. Techniques for finding the most effective experts and for avoiding expert trouble are discussed below....
The Maine Task Force on Ethics, created by the Maine Supreme Judicial Court, has for the past four years been assessing the possibility of adopting the Maine’s version of the ABA Model Rules of Professional Conduct. Maine was among the few states that did not base its Code of Professional Responsibility upon the ABA Model Rules....
The Portland Press Herald newspaper published an article this week about a $450,000 jury award won by Berman & Simmons attorney William Robitzek, on behalf of a client who was injured in a car accident in 2010.The verdict is another example of the reputation of Berman & Simmons as Maine’s leading law firm for personal injury cases. Berman & Simmons lawyers are never afraid to take cases to trial, and they consistently achieve life-changing results for their clients....
After a jury returns a result that seems unfair or contrary to the evidence presented at trial, it is too late to ask “Who are these people on my jury and how could they have reached that result?” Lawyers need to ask these questions and understand the answers to them before the trial begins....