Maine Injury & Accident Lawyer & Attorney : Joe Bornstein Law Firm : Auto Accidents, Medical Malpractice, Construction Injuries : Portland, Lewiston, Bangor, Biddeford, Maine

As the economy continues its downfall, and unemployment rates reach new heights, more and more drivers are letting their car insurance lapse, putting both themselves and others at risk.

According to the Insurance Research Council, several hundreds of thousands of drivers have dropped their auto insurance in the past year. Some experts accredit rising insurance premiums as part of the problem, while others blame the poor economy and industry wide layoffs. Regardless of the reason, the increasing trend of uninsured motorists is bad news for all parties involved.

If an uninsured motorist causes an accident, he or she will not have insurance coverage for any injuries suffered and medical bills incurred by a non-negligent party. Likewise, the failure of an uninsured motorist to procure insurance will leave them vulnerable to claims by non-negligent injured parties.

One way to offset the risk of being injured by an uninsured motorist is to purchase what’s known as uninsured motorist coverage, an insurance premium that can be bought to protect oneself. In this case, your own insurance policy would kick in and cover damages and medical bills up to a preset amount. Although this premium will come at an additional cost to the insured and raises the total cost of the insurance policy, it is essential that you purchase the highest levels of both liability and uninsured motorist coverage that you can afford. In our 34 years of practice, we have seen numerous examples of clients who have received catastrophic injuries, clients who have not been fully and fairly compensated because there were inadequate limits of insurance coverage.

Maine law requires all motor vehicles to carry limits of both liability and uninsured motorist coverage in the minimum amounts of $50,000 per person/$100,000 per accident. Often times those minimum limits are woefully inadequate to fully and fairly compensate injury victims. In addition to having ample insurance coverage to compensate injury victims, your insurance coverage will also help protect your personal assets if a personal injury claim is made against you.
It is also being reported that those who are insured are stripping their insurance policies to the bare minimum to save money in the down economy, often omitting important parts of their insurance coverage such as uninsured motorist coverage. And for those that let time lapse between renewing their auto insurance, they are often subject to a 25 to 50 percent surcharge for a new policy, as insurance companies typically charge more for people they consider careless and thus more apt to cause an accident.

At the Law Offices of Joe Bornstein we see firsthand the causes and effects of auto accidents, and too often our clients who are in serious wrecks do not have the adequate insurance coverage to be properly compensated for their injuries or disabilities. Don’t leave your insurance coverage to chance - protect yourself today by purchasing uninsured motorist coverage in the highest limits you can afford, and be prepared in the unforeseen event that an accident does occur.

For more information on uninsured motorist coverage contact your insurance agent, or call the Law Offices of Joe Bornstein for free legal advice.

The Law Offices of Joe Bornstein – Maine Lawyers Helping Maine People
 

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Makers of epilepsy drugs must now add a warning that states the medicines carry a risk of suicidal thoughts or actions. The companies must also develop a patient-friendly guide explaining the risks.

In January 2008 the Food and Drug Administration (FDA) warned that 11 epilepsy drugs doubled a person’s risk of suicidal behaviors or thoughts. In December 2008 the FDA announced it would be mandatory to place this warning on all eleven drug containers.

The 11 epilepsy drugs that must now include a warning are:

• Lyrica
• Neurontin
• Lamictal
• Topamax
• Carbatrol
• Felbatol
• Keppra
• Trileptal
• Gabitril
• Depakote 
• Zonegran

Epilepsy drugs were the fifth best-selling class of drugs in the U.S. in 2007 with sales exceeding 10 billion dollars. In addition to treating epilepsy, the anti-seizure drugs are also used for nerve-pain disorders, migraines, and psychiatric diseases such as bipolar disorder.

The FDA voted not to make the warning on the containers a “black box warning,” the strongest of its kind, as doctors and other outside experts advised that it could do more harm than good if patients in need of treatment were to stop using the drugs. It is, however, recommended that patients consult with their doctors before making any changes to their treatment, or if they have any questions about their medication.

The Law Offices of Joe Bornstein is working with highly respected national counsel in an effort to assist the family and relatives of anyone who has committed suicide or serious attempt cases while taking any of the above medications. Please phone our office at 1-800-772-4624 to speak with one of our staff members if this alert applies to you and your family.

For more information on epilepsy drugs, their risks, and all advisories, please visit: www.fda.org.
 

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In the wake of the ice storm on Friday December 12, 2008, the Maine Bureau of Insurance has outlined the proper steps to take when filing for weather reported property damage. Mainers are advised to follow these procedures when safe to do so, and to contact the Bureau with any questions before or while in the process of reporting the damage.

1.      Contact your insurance agent immediately to report your loss.

2.      Take notes when speaking with your insurance company, including names of people you talk to and summaries of all conversations. Be sure to ask questions if you don’t understand something.

3.      Take photos, or if possible, videotape all damage.

4.      Determine what is damaged and to what extent, and organize it accordingly for when your insurance adjuster comes to look at it.

5.      Save receipts from any temporary repairs you make.

6.      Never throw away damaged property until your adjuster says it’s appropriate to do so.

7.      If your home is damaged, make only temporary repairs until the damage is examined. Making permanent repairs before an adjuster's inspection could lead to the denial of your claim.

8.      If your home is uninhabitable during repair, ask your adjuster if you have coverage for additional living expenses incurred while repairs are being made. If so, be sure to save all receipts to document these costs.

The Maine Bureau of Insurance advises Mainers to check with their insurance company to see exactly what their plan covers.  Events typically covered under most standard homeowners policies include: Damage caused by wind, wind-driven rain, trees or other falling objects, and the collapse of a structure caused by weight of ice or snow.

Events not generally covered under standard homeowners policies include: Frozen pipes due to negligence, food spoilage due to a power outage, water damage from backed-up drains or sewers, removal of fallen trees if they do not land on and damage your home, and interior water damage from a storm when there is no damage to the roof or walls. In some cases endorsements can be purchased to help cover certain stipulations not included in standard policies. For more information about this additional protection contact your insurance adjuster.

The Bureau also urges Mainers to prepare for future storms and natural disasters. In addition to reviewing your insurance coverage to make sure it is adequate, take inventory of personal property, including all model names and serial numbers, and store the information off premises, such as in a bank safe deposit box. The Bureau also recommends learning the facts about flood insurance. Doing so will help ensure that your belongings will be properly compensated if damaged by any unforeseen natural disasters.

For more information on how to deal with weather related property damage, or additional information to help prepare your home and belongings for future storms, please contact the Maine Bureau of Insurance at 1-800-300-5000, or online at: www.maine.gov/insurance.

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Beginning November 15, 2008, obtaining or renewing a driver’s license in the State of Maine has become more difficult. Applicants must now prove that they are both a Maine resident, and either a U.S. citizen or in the county legally.

In compliance with federal Department of Homeland Security regulations, all Mainers seeking a new or renewal passenger vehicle or commercial license now have to visit the Department of Motor Vehicles (DMV) and show proper identification. After the initial visit they may renew their license online.

The easiest way for Mainers to obtain a license is to bring a document that includes their name and physical address, and a U.S. passport or certified birth certificate to the DMV. Other documents that prove residency include: a tax return, paycheck stub, utility bill, and hunting or fishing license. While other documents that prove legal presence include: a Certificate of Naturalization, Certificate of U.S. Citizenship, and United States Citizen Identification Card.

State officials are predicting longer waits at DMV’s, and worry about Mainers waiting for long periods of time before being turned away for not having proper identification. The state also predicts that DMV employees will feel an increased and immediate burden until they become familiar with the new system.

One thing that will remain the same, however, is the cost for obtaining or renewing a license. For a passenger vehicle, the fee is $30 for drivers under age 65 and $21 for senior citizens, and for a commercial license, the cost is $34 for drivers under the age of 65 and $28 for senior citizens.

For more information on the new laws regarding Maine driver’s licenses, please visit: www.maine.gov/sos/bmv/licenses.
 

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Each year Medicare plans are subject to change, and each year those individuals enrolled in the health care program may change their coverage during the “Open Enrollment Period” that runs from November 15th through December 31st.

During this time, beneficiaries of Medicare have the option to review their current health and prescription drug coverage and its changes for the upcoming year, and compare it to any of the forty-six total plans offered by the national health insurance program.

Medicare recipients are informed of any and all changes to their health care plan for the upcoming year in an Annual Notice of Change (ANOC) letter that is mailed in October, and for those who must change their health or prescription drug coverage because their plan is being discontinued, they will receive a Plan Termination Letter.

It is recommended that Medicare recipients closely examine all available possibilities and find the plan that is right for them. And, if one is to make any changes to their health care coverage, he or she should do so by early December to experience a smooth transition to their new plan on Jan. 1, 2009.

For those who would like assistance in deciding which plan is right for them, they can call 1-800-633-4227 to speak with a trained Medicare representative. And for a complete and thorough source of information regarding Medicare, including the educational publication Medicare and You, please visit: www.medicare.gov.
 

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The Yamaha Rhino, a popular off-road vehicle, is being investigated for improper safety.

The two-seat UTV (Utility Terrain Vehicle), used primarily for trail riding, on farms, and for hunting, was recently featured in a front page article in the Wall Street Journal. It is reported that Yamaha is currently facing over 200 lawsuits in state and federal courts, and as many as 30 deaths have resulted from accidents involving the Yamaha Rhino in the U.S. alone.

The roughly $11,000 UTV has resulted in numerous injuries, especially in children, and even at safe speeds the four-wheel recreational vehicle is prone to rollover, often ejecting riders and trapping them under the weight of the vehicle.

Plaintiffs' lawyers say that the vehicle is too narrow and too tall which causes the vehicle to tip, while Yamaha defends that many of the complaints are due to improper operation, modifications such as taking off the "protective roll cage", and failure to wear a helmet or seat belt. There are currently no regulatory standards on UTV’s, which have a steering wheel, yet do not adhere to automobile safety requirements, and it’s not until after an injury is reported do lawmakers and regulators intervene.

In response to the injuries and resulting lawsuits, Yamaha has developed new doors and passenger handles to improve vehicle safety, and has issued warning stickers to all registered owners. Yamaha has volunteered to install the new doors and handles for free, regardless if the UTV was purchased new or used, and lists local dealers on their website for Rhino owners to contact: www.yamaha-motor.com.

For more information on the safety issues regarding the Yamaha Rhino, please visit the Consumer Product Safety Commission online at: www.cpsc.gov.

And if you’ve been injured in an accident while riding a Yamaha Rhino, contact the Law Offices of Joe Bornstein today. You may be entitled to compensation for your injuries.
 

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The State of Maine is urging parents to enroll their children in health care coverage so they can get the medical attention they need to stay well and to succeed. 

With nearly 19,000 children and teens uninsured in the state of Maine, and roughly 11,000 eligible for the state’s Medicaid program known as MaineCare, the nonprofit organization Maine Children’s Alliance has partnered with Key Bank to help make it easier for those in need to get proper coverage.

Key Bank is now providing MaineCare applications at all 62 of the bank’s locations throughout the state, and has trained business personnel to help assist Mainers in the application process. Families who earn up to 133 percent of the federal poverty level, or approximately $28,000 annually for a family of four, qualify for MaineCare.

For those families who earn too much to qualify for MaineCare, but cannot afford private insurance, the State Children's Health Insurance Program (S-CHIP) also helps provide health insurance for children. Families who earn up to 200 percent of the federal poverty level, or approximately $42,000 annually for a family of four, are eligible for coverage under S-CHIP.

For more information on health care, and to see if your child is eligible under either MaineCare or S-CHIP, please visit the Maine Children's Alliance website at: www.mekids.org. 

And take advantage of the opportunities that Maine offers to help protect your children. Because the children of today, are the leaders of tomorrow.

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Since its inception, LifeFlight of Maine has transported over 8,000 critically ill and injured Mainers to state emergency rooms. Now, in its tenth year of operation, the nationally renowned helicopter service looks to expand its services by adding a helicopter launch pad at every hospital in the state.

With two helicopters in operation, the nonprofit organization has decreased the response time for paramedics to reach injured patients throughout Maine and its outer islands considerably. In addition to transporting patients from accident scenes or places of injury, the helicopters also transport patients from one hospital to another as necessary.

Moving into their second decade, LifeFlight of Maine continues to be on the leading edge of advanced medical safety and technology.  Purchased new in 2005, the two helicopters are equipped with virtually all of the specialized critical care equipment that would be found bedside in a hospital’s Intensive Care Unit (ICU), and are capable of reaching speeds up to 165 miles per hour. Once contacted, the LifeFlight crew can have a helicopter in the air within ten minutes, and a trip from Eastern Maine Medical Center in Bangor to the Central Maine Medical Center in Lewiston can be done in under an hour. New state-of-the-art equipment is also enabling the helicopters to fly in a wider range of weather, and nighttime vision goggles are currently being implemented to help pilots fly after dark. 

At the Law Offices of Joe Bornstein we see firsthand the results of tragic accidents on a regular basis. We would like to give our support and appreciation to the wonderful job LifeFlight of Maine does in helping Mainers in such dire times. Without their time and efforts, many Maine lives would be lost each year. 

So happy tenth birthday LifeFlight of Maine! Our state is both lucky and proud to have you on board!

For more information on LifeFlight of Maine, its history, and all of its services, please visit: www.lifeflightmaine.org.  

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In a concession to pediatricians who have long debated whether over-the-counter remedies are effective to young children, companies who produce medicines such as Dimetapp and Pediacare are now advising parents not to give cold and cough medicines to children under the age of four. Doctors instead say that the best remedy for sick children is plenty of rest and fluids, and lots of tender, loving care.  

This is the second consecutive year that major drug companies have changed their advice to parents in regards to over-the-counter medicine. In 2007, companies advised parents not to give cold and cough medicines to children under the age of two, and recommended that children not take antihistamines to help them sleep. Pediatricians today are working towards imposing a ban on sales of all over-the-counter cough and cold medicine for children under the age of six.

Problems with over-the-counter medicines send approximately 7,000 children to hospital emergency rooms each year, with symptoms including hives, drowsiness, and unsteady walking. Children age two and under are said to be at the highest risk.

For a child running a fever of 101 degrees or higher, doctors recommend Tylenol or Motrin, but otherwise say that a common cold or case of the sniffles should clear up on its own within a few days. Parents should, however, monitor their children closely for any signs of trouble breathing, which could signal more serious problems.

For more information on what medicines to give to children and the proper way to administer them, please visit the Food and Drug Administration at: www.fda.org.

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A new website weighs the benefits and risks of medications.

Pfizer, a leading manufacturer for pharmaceuticals, developed a website to educate people on relevant information regarding a variety of medicine. The interactive website is designed to be in “plain English” with graphics and video clips to further educate consumers, as well as healthcare providers, public health officials, and caregivers. 

In addition to providing information on many different types of medication, the website also helps guide visitors through the process of speaking with their doctor, how to carefully fill out a prescription card to help minimize mistakes, and how to properly take the medicine. The website also provides information on many common diseases and conditions, and their respective medicines.

For information on medications, their risks and health benefits, please visit: http://www.pfizer.com/medicinesafety. 

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Beginning October 1st, it is now illegal to let your vehicle idle for more than five minutes in the city of Portland.

The Portland City Council approved the ordinance on September 15, 2008, in an attempt to reduce greenhouse effects, car emissions, and wasted fuel. The ordinance follows a state law for commercial vehicles, however, fire trucks, ambulances, and other public safety and service vehicles are exempt.

Exceptions for the general public include:

·         If you are in a traffic jam

·         If it is below 32 degrees (you may then idle for fifteen minutes)

·         If you are ill

Violators will incur a $50.00 fine for breaking the ordinance, which critics believe will be a burden for police to enforce. The fine is scheduled to begin January 1, 2009.

For more information on the new idling ordinance and all other Maine state driving laws, please visit: http://www.maine.gov/portal/government/law.html.

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The State of Maine is advising citizens to prepare and maintain a home emergency kit. With hurricane season in full effect and winter looming on the horizon, state officials recommend that now is the time to prepare for a natural disaster.

On September 9, 2008, Governor John Baldacci signed a proclamation to make September Preparedness Month in the State of Maine. He warned of flooding, road erosion, high winds, large snowfalls and widespread power outages, cautioned Mainers to be prepared for disasters year-round, and reminded everyone that natural disasters have caused millions of dollars in damage and taken the lives of residents across the state.

Items that should be included in an emergency kit include:

• Water (one gallon per person per day for drinking and sanitation)
• Non-perishable foods
• Battery-operated or crank radio
• Dust mask or cotton fabrics
• Whistle
• Important family documents
• Shake flashlight or flashlight and extra batteries
• Manual can opener
• Plastic sheeting and duct tape
• Garbage bags and plastic ties
• Small tool kit
• First aid kit
• Toilet paper
• Unique family needs (infant formula, prescription medicine, supplies for a pet, etc.)
• Extra warm clothing

Families should also have an emergency plan intact that includes emergency phone numbers and nearby meeting points.

Natural disasters are often unpredictable, but with some advance planning they can be mitigated. So be prepared and be safe.

For more information on how to protect you and your family, please visit: http://maine.gov/mema/prepare.

And remember: Get A Kit, Make A Plan, and Be Informed!
 

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A new statewide law made it illegal to smoke in a vehicle with children.

Beginning September 1, 2008, it is now illegal to smoke in a vehicle in the State of Maine when children under the age of 16 are present. The law was passed in an attempt to cut down on the amount of secondhand smoke youths are exposed to, as Governor John Baldacci declared that it costs too many lives and too much money.

Violators will be warned during the first year and will then be subject to a $50 fine thereafter.

According to the federal Environmental Protection Agency, children are most likely to be affected by secondhand smoke, as their developing lungs are susceptible to asthma attacks, respiratory tract infections, and other damaging health effects. TheU.S. Surgeon General also warns of links between secondhand smoke exposure and cancer and heart disease.

The new law follows a city ordinance passed in Bangor in 2007 when they became one of the first cities in the U.S. to ban smoking in cars with children present, and follows the lead of California, Arkansas, Louisiana, Puerto Rico, and some Canadian provinces, who have passed similar laws.

For more information on the new statewide smoking law please visit: http://www.maine.gov/portal/government/law.html.

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Beginning September 1, 2008, eligible Maine residents may see an increase in the amount of food stamps they receive due to higher home heating and other utility costs.

Food stamps are distributed in the form of a rechargeable debit card called “The Pine Tree Card,” and individuals can currently receive up to $162 per month, while couples can receive up to $298 per month. 

To be eligible, recipients must meet two income guidelines set by the federal government:

·         Individuals cannot make more than $1,107 in monthly gross income or $850 in monthly net income. 

·         Couples cannot make more than $1,484 monthly gross income or $1,181 monthly net income. 

Applicant must also list their assets and personal property when applying, and the size of your family is also taken into consideration.

There are restrictions as to what food stamps can and cannot be used for. They cannot be used to purchase paper products, cleaning supplies, alcohol or tobacco products, and are meant to supplement a family with food, rather than feed them in full.

Approximately 180,000 people collect food stamps in Maine, with the number increasing monthly. For senior citizens and the disabled, food stamps eligibility is reviewed annually, for all others, every three months.

To find out more about eligibility requirements and restrictions, please contact the U.S. Department of Agriculture Food and Nutrition Services, or the Maine Department of Health and Human Services to find a local district office near you.  

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The device used in patients to treat a blockage in the carotid artery has been recalled. The blockage of the artery is known as carotid artery disease.

NexStent Monorail was manufactured by Boston Scientific between May 2007 to May 2008, and an estimated 2700 devices were distributed. The product was recalled on June 6, 2008 because its tip has shown to detach during the delivery procedure, potentially leading to increased procedure time, vessel wall injury, stroke, and/or emergency surgery to remove the detached tip. 

NexStent Monorail is used in a procedure called carotid artery stenting (CAS), in which the physician places the self-expanding stent in the carotid artery to keep the artery open and to help prevent future narrowing of the artery. The carotid artery supplies the head and neck with oxygenated blood.

For more information about the NexStent recall contact Boston Scientific or the U.S. Food and Drug Administration. And if you’ve been injured by the negligence of someone or something else, contact The Law Offices of Joe Bornstein today.  

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Beginning September 1, 2008, the cost of registering a vehicle in the state of Maine will increase by ten dollars.  The cost of purchasing vanity plates and vehicle titles will also increase by ten dollars.

Registration for passenger and commercial vehicles will now cost $35, while vanity plates will be $25 and title fees will be $33.

The additional money generated will go to bridge and road maintenance, ultimately improving road and highway safety throughout the state of Maine.

Drivers whose registrations expire in September can renew early to avoid the increase in fees, but must do so by September 1^st.

 

For more information on the cost of vehicle registration, vanity plates, and titles, contact the Bureau of Motor Vehicles. 

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Prior to May 2007, people in Maine over the age of sixteen were not legally required to wear seat belts.  Now everyone must wear one.

A new Maine seat belt law states that all travelers in a vehicle must now wear a seat belt, with no exceptions.  The law also states that Maine police can now pull you over if they suspect you or your passengers are not wearing seat belts.

Passed on May 3, 2007, the new seat belt law coincides with a recent study conducted by the National Highway Traffic Safety Administration which found that approximately one in five Americans do not regularly wear seatbelts.  Even more astounding is that an estimated 64 percent of passengers killed in nighttime accidents were not wearing seat belts.

At the Law Offices of Joe Bornstein we see an endless stream of victims of traffic accidents.  Don't become a statistic.  Buckle up, and make sure everyone in the car has a seatbelt on, too.

So Buckle Up For Safety! – Because Now It’s The Law!
 

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Maxim Apogee and Maxim Pinnacle Dynamic climbing lines and ropes were recalled due to a fall hazard.  

The U.S. Consumer Product Safety Commission announced a recall of the lines and ropes on July 29, 2008, and advises consumers to stop using the lines immediately and contact the manufacturer for a free replacement.

The colors of the two-recalled lines are yellow and black, and red and yellow.  They were sold in retailers nationwide from August 2006 through June 2008 at an estimated retail price between $180 and $262.

The climbing lines are subject to break, posing a serious fall hazard for climbers of all ages, and were voluntarily recalled by manufacturer New England Ropes of Fall River, Massachusetts.  

For more information, including a complete description of the recalled products, consumers should contact New England Ropes toll free at (866) 617-9038 or visit the firm’s Web site at: www.neropes.com/maxim/recall.

 

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