Maine Injury, Accident, & Disability Law Blog : Maine Personal Injury Lawyer & Attorney : Joe Bornstein Law Firm : Portland Bangor Maine

Back by popular demand, on Thursday, February 3, the Law Offices of Joe Bornstein will be extending our business hours once again to accommodate Mainers who are unable to phone us during the day.

Our phone lines will remain open until 10pm, so feel free to call us at 1-800-CALL-JOE with your legal questions.

Our staff will be ready to answer your questions about:

• Motor Vehicle Accidents
• Personal Injuries
• Social Security Disability
• Medical Malpractice
• Worker’s Compensation
• Injuries Related to Darvon/Darvocet

When you call on Law Night, you will speak directly with one of our experienced legal professionals.

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At the Law Offices of Joe Bornstein, we understand that Social Security Disability is a complicated process full of questions and uncertainty for everyone involved. As specialized injury and disability attorneys, we feel that it is our obligation to share our knowledge and experience with others in an attempt to educate Mainers on their legal rights.

As a special service to health care and social service providers, we are delighted to offer our free Social Security Outreach Program.

Led by our team of experienced and specialized Social Security attorneys, our Outreach Program travels to the offices of physicians, social workers, psychologists, case workers and psychiatrists to provide information about how to assist Mainers who may be eligible for Social Security Disability (SSDIB) or Supplemental Security Income (SSI).

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The Law Offices of Joe Bornstein would like to remind our fellow Maine motorists that your car's windows and windshields must be clear of all snow and ice before you drive after a storm.

According to Lewiston Police officer, Craig Johnson, the two main causes of winter driving accidents are slippery roads and reduced visibility, both of which can be caused by drivers failing to remove snow from the glass of their vehicles.

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The New York Times of January 26, 2011, cites further efforts by lawmakers across the country to curb iPod and cell phone usage by pedestrians and bicyclists. Not only are legislators in New York and Arkansas looking to curb distracted walkers, but they are working in other states on banning non-motorists' earbuds. (Interestingly, the Arkansas proposal was withdrawn earlier this week due to a flood of protests by constituents.)

In Oregon, for instance, pending legislation would forbid bicyclists from using mobile phones and music devices, while in Virginia, a bill has been proposed to prevent cyclists from using a "hand-held communication device."

In California, the same state senator who led a successful campaign against text messaging by motorists is now re-introducing a law to fine bicyclists $20 for first-offense texting.

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In Lyman v. Huber, 2010 ME 139, the Maine Supreme Judicial Court sitting as the Law Court vacated a judgment issued by the Superior Court (Cumberland County, Delahanty, J.) in favor of the plaintiff, awarding her $106,000 for intentional infliction of emotional distress (IIED) and loss of business opportunity. The unanimous Law Court opinion, written by Justice Jon Levy, found that the elements of an IIED claim, which require proof of such severe emotional distress that no reasonable person could endure it, were not met by the plaintiff.

The plaintiff and the defendant had been romantically involved for a number of years and purchased property together where the plaintiff planned to operate a horse farm. The defendant became increasingly controlling and hurtful in his behavior towards the plaintiff which placed her under a great deal of stress. She filed an eight-count complaint against him, including seeking partition of the property, damages for IIED, and "ouster."

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Kennebec County Superior Court Justice Nancy Mills found that State Farm did not have to provide insurance coverage for an accident that killed one motorist, James Carey. State Farm brought a declaratory judgment action against Roger Linton, who was driving a vehicle owned by his employer and insured by State Farm, and also against the Estate of Mr. Carey.

An independent contractor working for Jonathan Jennings. d/b/a Forgotten Stoneworks, Mr. Linton was given use of a company truck to drive back and forth to work. Although prior to the accident, Mr. Linton had used the vehicle on occasion for personal use, such excursions were to be very limited.

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The New York Times, in an article of 1/16/11, exposes the risks of non-recourse loans to injured plaintiffs. The practice is unregulated in most states and is exempt from laws that protect borrowers from other lenders, such as banks.

A number of professionals--lawyers, judges, and regulators--believe the lack of regulation is resulting in great sums of money being siphoned from the injured into the hands of the lawsuit lenders. Rates often exceed 100 percent a year, according to a review by The New York Times and Center for Public Integrity. Moreover, the lenders are not required to provide prospective borrowers detailed information about the interest rates.

One personal injury attorney in the Bronx calls the practice "legal loan sharking." The state of Colorado has filed suit against two of the largest lawsuit lenders, LawCash and Oasis Legal Finance, charging them with violations of the state's lending laws.

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The Law Offices of Joe Bornstein is proud to announce the recent opening of our sixth office location at 913 Main Street in Sanford. Adjacent to Bergeron Shoes, we are located in the heart of historic downtown Sanford. This newly renovated office, together with our Biddeford office, will help make access to justice available to Mainers living in York County.

First settled in 1739 and incorporated in 1768, Sanford includes the village of Springvale and is situated on the Mousam River. It borders the towns of Shapleigh, Acton, Alfred, Kennebunk, Wells, North Berwick and Lebanon.

To schedule an appointment at our Sanford office, phone us toll-free at 1-800-CALL-JOE (1-800-2255-563) or call our Sanford office directly at (207) 324-1277. As with all of our offices, the Sanford office is wheelchair accessible to better serve Mainers who are injured or disabled.

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