What is a Life Worth?

Wrongful Death

          A jury in New Haven, Connecticut, has awarded $2.3 million to the family of a man who was killed as he rode his bicycle and was struck by a van.

          The case is of interest to people in Maine, because a Maine statute limits the amount which can be recovered for the loss of a loved one, and an award such as this in our sister New England state is a reminder of community values and how out of step Maine is in this regard.

          Although there is no limit in Maine law for the amount which can be recovered for financial loss, such as funeral expenses and loss of future earnings, our statute does limit recovery for loss of companionship to $500,000.

          The news report of the Connecticut case in the New Haven Register of December 22, 2012, does not give a breakdown of how the award was made, but it is very likely that a large portion was to compensate the widow for the loss of companionship of her husband.  The deceased was an immigrant from Honduras who had been a medical doctor in his native country and was preparing to take a medical license examination in Connecticut.

          In my view the Maine statute results in unfair compensation for people who have lost a loved one in an accident.  It seems logical that a jury of peers is in a better position to reflect community values than legislators in Augusta who have no knowledge at all of the particulars of any given case.  Why should the life of a Maine resident be worth less than a life in Connecticut?

 

         

Claim for Vehicle Wreck

Property Damage Claim

            People who have been injured in an accident often wonder about how the damage to their car is going to get fixed and paid for and whether the person who caused the accident will have to take care of it.

            Whoever caused the accident is definitely responsible not only to pay the injured party compensation for the injury, but also for any damage to your vehicle and damage to any other property for that matter.  If your glasses got broken in the accident, then the guilty party will have to pay for new glasses as well as getting your car fixed.

            Of course the person who caused the accident will not usually have to pay himself, because nearly everyone has insurance to cover this sort of loss.  The insurance company for the guilty party will be the one that will have to pay for any property damage which came out of the accident.

            Dealing with the insurance company to get the damage paid can be tricky.  Most often, if the fault in the accident is clear, the insurance company will be willing to pay for repairs, or for the value of the car if it is totaled, fairly promptly after the accident.  Generally you will not have to wait until you have recovered from your injuries and are ready to settle your injury claim.  However, insurance companies will usually try to pay as little as possible, so it is a good idea to have someone on your side to negotiate the best deal for you.

            At Lowry & Associates we routinely arrange the best deal for our clients on property damage.  And we do this without any extra charge.

            If you have been injured in an accident involving damage to your car or truck, give us a call at 800-999-LEGAL(5342) for your best chance to save on your property damage claim.

 

 

 

You Had Better Be Hurt BAD!

In an unusual case the Supreme Court of Maine has upheld a jury finding in Superior Court which resulted in an award of zero to a plaintiff who sought recovery for injuries sustained in an automobile collision.

            The parties agreed that the defendant’s negligence was the sole cause of the collision, but the court found that the jury was justified in awarding no damages where there was evidence that the plaintiff had engaged in a number of rather strenuous physical activities following the accident.

            This is a WARNING to anyone who might be contemplating a phony injury claim or who may be exaggerating the extent of the injuries.  You are entitled to be compensated for legitimate injuries caused by the accident, but if you claim to be more badly hurt than you actually are, a jury could decide that you get nothing at all!

            Call me if you have a legitimate claim, and I will make sure that you get everything that you have coming to you.  1-800-999-5342 (LEGAL)

 

 

 

No Privcy in an Injury Claim

Medical Records

            People who call often ask, “When I make a claim for injuries, do I have to sign a medical authorization?”  This is an excellent question, because we all value our privacy and don’t like the idea of other people nosing around in our medical history.  We may think that the insurance company has no business looking into any of our medical records except what is directly related to the injury you want to sue for.

            The fact is, however, that when you make a claim to recover for an injury caused by someone else’s fault, you open yourself up to a pretty unlimited examination of your medical records for the past ten years or more.

            The reason for this is that the insurance company only has to pay for injuries caused directly by the accident, so if you had some previous injury or condition which might aggravate your injury or cause you to suffer more, then the insurance company is entitled to find out about this.  There may be nothing at all in your history which has anything to do with your injury, but the only way that the insurance company can be sure of this is to look at all of your medical records.  For this reason, when you make a claim, the insurance company is sure to demand all of your medical records before they will be willing to pay you anything for your injury.

            Unfortunately sacrificing your privacy is one of the costs of getting paid compensation for an injury.  If you have questions about injury claims, please call us at 1-800-999-LEGAL(5342) or contact us on our web site, www.lowrylaw.com.

 

 

Appearing in Court

Will My Case Go To Trial?

            People who call us to see about hiring a lawyer for an injury case are often concerned about going to court.  The prospect of having to appear in a court of law is daunting, and many people are understandably reluctant to start a process which will end them up in court.

            The fact is that of the hundreds of personal injury claims made in Maine each year, only a handful ever make it to a trial.  The vast majority of cases are settled before there is a need to even file to begin a lawsuit, and even when a suit is started, most cases settle before a trial becomes necessary.

            So the answer to the question, “Will my case go to trial?” is that the chances of ending up in court are very remote.

            If you have questions about injury cases, you should read our book, Guide for the Prospective Injury Client, which we will send you for free if you ask for it by calling us at 1-800-999-LEGAL(5343) or by filling out the order form on our web site, http://www.lowrylaw.com/reports/the-big-secrets-about-maine-injury-claims-what-no-one-is-telling-you.cfm.

 

Almost Killed?

 No Recovery for Bad Conduct

            This may surprise you, but if you have been injured in an accident, the actions of the person who caused the accident, no matter how gross or reckless, will have no bearing on the amount which you will be able to recover.

            The amount of the damages, which is what your case is worth, depends entirely on how serious your injuries are and is not affected by what the other person did, and not by the degree of danger to which you were subjected. 

            The other person may have been drunk or have had a total disregard for your safety, or you may have come close to a more serious injury, or even death, but these facts have no bearing on what you will get for your case.  If you were lucky enough to get only a scratch, then you won’t have a case.  We often hear people say, “I was almost killed!” with the expectation that they should get a lot of money, but the law only provides for compensation for injuries actually sustained.

            If you have questions about injury cases, give us a call at 1-800-999-LEGAL(5342), or click on this link:  http://www.lowrylaw.com/faq.cfm for more answers.

 

Do I have to sue my friend?

Suing Your Friend or Spouse

            Many times the person who caused the accident will be a friend or relative of the injured person.  This is most often true when the person who is injured is the passenger in a car or on a motorcycle and the driver is at fault.

            In these situations people who have suffered an injury call us with the question, “Do I have to sue the driver who is my friend?”

            In Maine we have a six-year statute of limitations which means that there is almost always plenty of time to try to get the case settled without the need to bring a lawsuit.  The claim will be pursued against the driver’s insurance company, so during the period of time that efforts are made to get a settlement, we will be dealing with the insurance company on behalf of our client, and the driver who is a friend will not be involved.

            Of course if the insurance company refuses to pay a reasonable amount, then a lawsuit may eventually become necessary, and the driver will be named as the defendant, but even then the insurance company will hire a lawyer to take care of the matter, and the driver who caused the accident will be inconvenienced very little.

            If you have questions about how injury cases are handled, you will want to read our book on the subject which we will send to you for free if you fill out the application at

http://www.lowrylaw.com/reports/the-big-secrets-about-maine-injury-claims-what-no-one-is-telling-you.cfm

or give us a call at 1-800-999-LEGAL(5342).

What About Damage to My Car?

Property Damage Claim

            People who call us often ask, “Does the person who hit me have to pay for the damage to my car [or motorcycle]?”

            If the other person is at fault, then yes, he is responsible for getting your vehicle repaired, or to pay for the value of the vehicle when it is totaled.  This nearly always means his insurance company, not him personally.

            In most cases where the fault is reasonably certain the insurance company will pay for the repairs as the repair bills come due, or simply give you a check for the estimated cost of the repairs.  The problem that comes up here is that the insurance company will often try to low-ball you by making a low estimate of the cost of repairs.  This leaves you in a bind, because you probably need to get your wheels back on the road for transportation, and you don’t really have the time or the resources to argue successfully  with the insurance adjuster.

            At Lowry & Associates we deal with this issue on a daily basis and can make sure that you are treated fairly.  And we don’t make any charge for taking care of this for our clients.  If you have been injured in an accident involving damage to your car or motorcycle, it may be a good idea to give us a call.

            Call Lowry & Associates at 1-800-999-LEGAL(5342) or check our website at www.lowrylaw.com.

The driver with no insurance

What if the other person has no insurance?

            The uninsured motorist is truly a menace on the highway, but if you are hit by a driver with no insurance, all is not lost.  Every automobile insurance policy in Maine is required to have an uninsured motorist provision which provides that if you are injured by the fault of a person with no insurance, you can collect for your injuries from your own insurance company.

            This also applies if the other person has insurance, but his policy limit is too low to cover your claim.

            The fly in the ointment in all of this, however, is that you only get protection up to the amount of uninsured motorist protection you added when you purchased your auto policy.  Usually the UM policy limit will be the same as your underlying liability coverage, but it is possible to save a few dollars by taking a lower amount which is A BAD IDEA!  You could find yourself with serious injuries and be unable to get enough to even begin to cover you medical bills, not to mention lost wages, pain and suffering, etc.

            The minimum UM coverage in Maine is $50,000, just the same as liability coverage.  IT IS HIGHLY RECOMMENDED that much higher limits be purchased.  A minimum of $100,000 for both liability and UM is a must with $300,000 or more being much better.

            If you have questions about uninsured motorist coverage or any other issue about injury claims, call us at 1-800-999-LEGAL(5342) or order our free book at http://www.lowrylaw.com/reports/the-big-secrets-about-maine-injury-claims-what-no-one-is-telling-you.cfm.

Advance payment

Can I get an Advance on My Injury Claim?

            People see ads on TV by companies which want to pay injured victims while the case is still pending and before any settlement of the case is possible or advisable.  Naturally this stirs a lot of interest in someone who is nursing an injury and is facing the prospect of trying to pay bills while out of work.

            Unfortunately it is the rare case where using one of these advance-pay companies will make any sense, for several reasons.

·         Although the loan company will not ask for any repayment until the case settles, it will insist on getting paid in full when the settlement occurs, and the amount to be paid back will usually be very large in comparison to normal interest rates.

·         Another enticement which these loan companies often offer is that you will not have to pay anything back if you don’t get any recovery on your case.  The kicker here is that the loan company will take a very careful look at the case before making any advance payments, and unless the case is solid and very unlikely to wash out, they will not get involved.

·         For the smaller case, say one worth less than six figures, there is little chance that the loan company will have any interest.

            If a client decides to get hooked up with a loan company for an advance on a personal injury claim, we as lawyers, are prohibited by the Bar Rules from being involved in any way, but you can call us at 1-800-999-LEGAL(5342) for the best advice.

Subrogation

What is subrogation?      

            Subrogation is a fancy legal term for getting paid back out of money someone gets for an injury.  What this means is that when an insurance company pays for some of the costs caused by an accident, such as medical bills, that insurance company often has a right to get its money back, or be “subrogated”, to a portion of the amount received in the settlement by the injured party. 

            The way this works is that a person who has been injured in an accident caused by someone else’s fault is entitled to recover “damages” which consist of the several types of losses caused by the accident.  These include lost earnings, compensation for pain and suffering and the medical bills.  When the medical bills have been paid out of health insurance,  whoever pays those bills will usually be entitled to be paid back when the injured person settles the case.  It is as though the health insurance company (or Medicare or MaineCare) owns that part of the claim which is for medical bills they already paid.

            Another common application of the concept of subrogation is where there is “med pay” insurance.  In this case the injured person’s own car insurer has to pay the injured person, up to the amount of the med pay limit, toward medical bills as they are incurred.  The insurance company is subrogated to get its money back when the injury claim is settled.  Actually, in the case of med pay, less than the full amount needs to be paid back, but that is because of special rules for med pay which I will cover in another blog.

            To get answers to your questions about personal injury claims, get my free book at http://www.lowrylaw.com/reports/the-big-secrets-about-maine-injury-claims-what-no-one-is-telling-you.cfm.

What About the Other Guy?

What Will Happen to the Other Person?

            Accident victims who call us often ask, “What will happen to the person who caused my accident?”  They are concerned that making a claim for a personal injury will somehow ruin the life of the person whose carelessness resulted in the accident.  People who ask this question feel compassion for other people and are reluctant to take any action which will be harmful to someone else.  After all, accidents do happen, people don’t cause accidents on purpose, and it could happen to anyone.

            As admirable as this concern for the other person is, it should not be a deterrent to making a legitimate claim to be fairly compensated for an injury.  Because almost all claims are covered by insurance, there is little probability that the party at fault will ever have to pay a dime out of his or her own pocket to satisfy the claim.

            As developing the claim progresses the other person may be subject to some minor inconveniences, such as providing a statement to the insurance company or coming up with car repair bills.  In the unlikely event that the case must be put into suit (over 90% of cases get settled out of court), the other person may be required to attend a deposition to testify under oath about how the accident happened, and if the case actually goes all the way to a trial in court, then the person will have to be a witness.

            People who have been injured through someone else’s fault are entitled to be compensated for their losses including medical bills, lost wages, pain and suffering and loss of enjoyment of life.  Concern for the wellbeing of the person at fault should not be a factor in the decision to proceed.

            At Lowry & Associates we share your concern, but we are prepared to make sure that you receive the best possible outcome for your case.  Call us at 800-999-LEGAL(5342) or use our contact form at www.lowrylaw.com.

Paying the Medical Bills

Why Do I Have To Use My Own Health Insurance?

            When an accident is caused by someone else, people who have been injured often wonder why it is that they have to get their medical bills paid by their own health insurance when the other person is to blame.  Why, they ask, shouldn’t the person who is at fault, or that person’s insurance, pay for the medical bills?  Good question.

            The fact of the matter is that under our legal system there is no obligation for anyone to pay for someone else’s losses, including medical expenses, until there is some formal determination of fault, such as a judgment in court, or a voluntary agreement between the parties.  For this reason, even though it might be totally clear that the other party is liable, except in  rare instances, the insurance company for the defendant will refuse to pay medical bills as they are incurred.

            This means that in order to receive medical care and to pay these expenses as the services are rendered, the doctors and hospitals will look to the health insurance of the injured person.  In the long run, of course, the person at fault is responsible for these bills, but this obligation will be satisfied as a part of the ultimate settlement of the case where the injured party will be awarded a lump sum to cover pain and suffering, loss of enjoyment of life and other expenses as well as medical bills for treatment and care necessitated by the accident.  Then, out of the lump sum settlement, the injured party’s health insurance company will be reimbursed for the amounts it has paid.

            Thus the party who caused the accident ends up paying for the medical expenses, but only in the long run and in a round-about way.

            If you have questions about the process for pursuing a personal injury claim, you should consider ordering our free book, Guide for the Prospective Injury Client, which you can get by using the form at http://www.lowrylaw.com/reports/the-big-secrets-about-maine-injury-claims-what-no-one-is-telling-you.cfm, or give us a call at 1-800-999-LEGAL (5342).

Worried About a Big Lawyer's Fee?

Can I Talk With an Attorney for Free?

            Many people who are injured in an accident are hesitant to call a lawyer for fear of having to pay a large fee.  We have all heard of the high-powered lawyers who charge two or three hundred dollars and hour or more.  We often get the question from people who call, “Can I talk with an attorney for free?”

            The answer to that question is definitely “Yes” if you are calling Lowry & Associates about a personal injury claim.  Like most personal injury firms we are willing to provide a consultation for free to give advice on whether or not a person has a legitimate case and whether or not hiring a lawyer is a good idea.  In fact we welcome your call and even if it turns out that we can’t take your case, we can usually give you some advice on what to do..

            At Lowry & Associates we are dedicated to providing the answers to questions that people have about accidents and injury claims, and we are delighted to be able to provide this service for free as a way of giving back to the community.  As a part of this effort I have written a book which answers many of the questions people have about how injury claims are processed.  You can get this book for free by signing our order form at http://www.lowrylaw.com/reports/the-big-secrets-about-maine-injury-claims-what-no-one-is-telling-you.cfm, or by calling us at 1-800-999-LEGAL(5342).

           

Property Damage: Totaled

Property Damage: When is a Car “Totaled”?

            Dealing with injuries sustained in an accident is bad enough, but in most cases of motor vehicle collisions the person is also faced with a damaged car and the problems of dealing with an insurance company on the property damage.

            The first thing to realize in these situations is that a car may be “totaled” even though it clearly can be repaired to a perfectly drivable condition.  The fact is that the insurance company doesn’t have to pay for repairs which are higher than the value of the car. 

            Since repairs are quite commonly expensive and since the value of cars diminishes fairly rapidly with time, the estimated cost of repairs to a damaged car, even where the damage appears to be superficial, can easily exceed the value of a car even one which is only a year or two old.  Where this is the case, the car will be deemed “totaled”, and the insurance company will pay the market value of the car.

            There are a couple of problems here that many owners will face.  One is that the value of the car, and thus the amount being paid, is lower than the amount owed on a car loan.  Typically following purchase a car will lose value faster than the car payments will reduce the loan, so that getting paid the value of the car will not be enough to pay off the loan.  Most car insurance policies offer an option of “gap insurance” which will take care of the deficiency if the car is totaled.  Purchasing this optional coverage is well worth the money to avoid ending up owing the financing company more after settling the property damage claim.

            The other problem is that the insurance company is likely to use a method of evaluation which will understate the fair market value of the car, so it is important to be in a position to challenge the insurance company’s proposed value and to negotiate a higher amount.  At Lowry & Associates we are accustomed to dealing with these issues and are often successful in saving our clients quite a bit of money, a service for which we make no extra charge.

            If you have been in an accident, it is a good idea to contact us to see if we can help.  You can call at 800-999-LEGAL(5342) or fill out the contact form on our web site

http://www.lowrylaw.com/contact.cfm.

Will My Car Insurance Go Up?

Worried About an Increase in Insurance Premiums?

Some people who call us wonder if pursuing a claim for an injury which they received in an accident will result in an increase in their auto insurance premiums. In light of all of the shenanigans which insurance companies employ to increase their profits it is no wonder that people worry about this.

The answer, however, happily, is simply, no. In nearly 50 years of representing accident victims, I cannot recall an instance where an insurance company has penalized a person who has been injured in retaliation for making a claim.

Of course the claim usually involves the insurance company for the person who caused the accident, so in that case the injured person’s company would not be paying anything and would not have any good reason to go after their own customer. Sometimes, however, where the guilty party is uninsured or underinsured, the claim is indeed against the injured person’s own insurance company. Even in these cases, though, there is little chance that there will be an increase in the premium.

Short story: Call Lowry & Associates, 800-999-LEGAL(5342), or contact us on the web, www.lowrylaw.com , without fear of paying more for your auto insurance.

How Long Will It Take?

llHow Long Will My Case Take? Often people who have been injured want to know how long it will take to settle their case—and for good reason. Frequently they find themselves in a situation where the medical bills are piling up, or, even worse, they are out of work and don’t know how they are going to make their car payment or put food on the table. So of course they are very anxious to know how soon they can get paid on their claim by the insurance company for the person who caused the injury. Although instinct would tell us that where there is no doubt about who was responsible, payments to cover known expenses such as medical bills and lost wages should be made right away, this unfortunately is not the way our system works. Even though the police report makes it clear as to who was at fault, and even if the other person admitted his fault, the insurance company is not required to pay anything until the case is settled in full. Occasionally an insurance company will voluntarily pay some of the medical bills in advance, but this is not the norm. In almost every case an injured person would be making a big mistake to settle the case quickly, before the full extent of the injury and the time for treatment and healing are determined. For this reason the answer to the question, “How long will my case take?” is not easily answered shortly after the accident. It will generally take as long as it takes for the injury to be treated and heal. This is not the best news for the person who is facing unpaid bills, but under our system there is no way to force the insurance company to pay in advance of a full settlement or until the responsible party is found at fault in court.

A Hospital May Not Be So Good for Your Health

Some Dangerous Bugs May be Lurking in the Hospital A New Hampshire man has brought suit against Exeter Hospital on behalf of himself and 44 other former patients stemming out of an outbreak of hepatitis C. He was admitted to the hospital suffering from a heart attack when he contracted the virus which apparently originated in the cardiac catheterization lab. The suit seeks class action status and accuses the hospital of negligent supervision of its staff. I am sure that we have all heard that a hospital can be a dangerous place to be because of the possibility of the presence of infectious agents which sometimes abound. When seeking care for some serious physical ailment or injury, the last thing that one would want or expect is exposure to an unrelated illness. Hospitals are subject to being contaminated by contagious diseases, but they have the technological means to control these viruses and bacteria and should never allow their spread to unsuspecting patients. http://www.boston.com/lifestyle/health/2012/06/21/man-angry-with-hospital-hepatitis-case/5S6vUt6itNVDXXyez27qnK/story.html

What is Premises Liability?

Is the Owner Liable if I Fall on His Property? We often get asked, “If I fall down on someone else’s property, does the owner have to pay for my injury?” The answer depends on how the accident happened and just what the owner knew or should have known about the condition which caused the fall. A case recently decided in Penobscot Superior Court demonstrates how complex these cases can be. A woman brought suit against the owner of a farm for injuries which she sustained when she fell through an open bulkhead on a porch when she was there for her daughter’s horseback lesson. The defendant submitted a motion to the court to dismiss the case, because 1) premises liability should not apply because the defendant had no actual or constructive notice of the danger, and 2) lack of vicarious liability because the person whose negligence was alleged was an independent contractor and not an employee of the defendant. The court denied the motion to dismiss on either ground. The question of whether the defendant fulfilled her duty as owner who had control of the farm at the time of the accident is a question for the jury. Vicarious liability which applies when liability can be imposed on one person for the negligence of another is similar to an agency situation and is applicable when the tortfeasor is an employee, but not if he is a general contractor. In this case the court decided that the status of the person who negligently left the bulkhead door open was not clear and therefore the question should be decided by a jury. Demoranville v. Rose, Penobscot Docket No. CV-10-178 Call Lowry & Associates for answers to your questions (800-999-5342) or order ir free book to find out how a claim for personal injury is made. http://www.lowrylaw.com/reports/the-big-secrets-about-maine-injury-claims-what-no-one-is-telling-you.cfm

Does My Personal Injury Claim Forfeit My Privacy?

Release of Past Medical Records People often ask: why do I have to give my medical records to the insurance company for things that happened before the accident? Accident victims have a very legitimate concern that personal information of health issues that have nothing to do with the accident injury should be turned over to a big faceless corporation such as the insurance company. The initial reaction to a request for prior medical records is that it is none of the insurance company’s business. Unfortunately under the law the insurance company does have every right to obtain these records of past health issues and procedures before they will make any payment of a claim. The reason for this is that the insurance company for the person who caused the accident is responsible only for the injury caused by the accident and not for any prior injury or condition which may have contributed to the victim’s physical problems. So in order to be sure that there is not something in the victim’s past that is partly to blame for the injury, the insurance company will insist on getting all past medical records for 5 or 10 years before the accident. A typical example is a person who has had back pains in the past and has, perhaps, received some treatments from a chiropractor. When that person is rear-ended with a resulting flare-up with pain in the back, the insurance company will claim that not all of the injury is caused by the accident, but is attributable to the back problems which existed before the accident. To help people understand the process for pursuing an injury claim Don Lowry as written a book Guide for the Prospective Injury Client. To get your free copy sign up at http://www.lowrylaw.com/reports/the-big-secrets-about-maine-injury-claims-what-no-one-is-telling-you.cfm or call Lowry & Associates at 1-800-999-LEGAL (5342).

Percentage Fee: Of What?

What is Basis for Lawyer’s Fee? The lawyer’s fee in a personal injury case is, as I am sure you already know, based on a percentage of the amount recovered for the client, but some people want to know if this percentage is applied to the total amount of the settlement, or only to the amount to be received by the client after payment of medical bills. It is true that medical bills, including those paid by health insurance, usually have to be paid back, either partly or in full depending on the type of health insurance plan, when there is a settlement of a personal injury claim. The lawyer’s fee, however, is a percentage of the total amount of the settlement, so the medical repayments must be taken out of the remaining portion due to the client. The rationale here is that the efforts of the lawyer have been successful in relieving the client of the obligation to pay back these bills, so the client has benefitted in that sense, and the lawyer is entitled to be compensated for his or her work.

Electronic Signature Pads

Electronic Signing In these days when internet purchasing has become common, and we are getting more and more into a cashless economy, it has become a matter of routine to give out our credit card or debit card information. Some people I know carry no cash whatsoever and rely on credit or debit cards to make even the most trivial purchases, such as a cup of coffee at Starbuck’s (not that a cup of coffee at Starbuck’s is so cheap). This freedom with card information sometimes causes people to forget that there are some unscrupulous people who will misuse it to line their own pockets. This misuse of credit card info is not restricted to outright theft, such as using a stolen card number to run up a slew of purchases. A business which has acquired the card data in a perfectly legitimate way may overreach, either intentionally or through sloppy bookkeeping, resulting in charges to the card which are incorrect. In a case with a slightly different twist, an Arizona student has sued LA Fitness, a California fitness club chain, for using his electronic signature to continue charging his membership fees even though he thought he had rejected the membership. The plaintiff claimed that LA Fitness drained his bank account of money he had set aside for tuition. The case raises an interesting question about the use of electronic signatures, because the plaintiff claimed that he gave his signature after being told that it was for a waiver but was in reality a contract for personal-training. His lawyer noted that the electronic signature pad used in this case is similar to those in retail stores where purchasers sign credit agreements. He said that such pads should not be legitimate for contracts and other complex documents. The student said, “I was never someone who thought I would sue anyone. But somebody needs to stand up.” He was referring to hundreds of complaints filed on consumer web sites alleging that LA Fitness bills for unrequested services, continues making auto-deductions after contracts are cancelled and refuses to pay back the amounts overcharged. So, a word to the wise: be careful with your credit or debit card information, and be sure you know what you are signing when using an electronic signature pad.

Workers Getting Ripped Off

Another Wage and Hour Claim I am always amazed to read about the number of cases involving underpayment of workers under our wage and hour laws. It makes me think that there must be many instances of this sort of violation going unreported right here in Maine. My suspicion is that many, probably most, of these occur in workplaces with national or regional ownership where the same violations are taking place in multiple locations. If you or someone you know is being denied the full benefits of getting paid for all hours on the job or for getting overtime pay for hours in excess of 40 in any given week, then call and ask for me personally, and I will be pleased to set the wheels in motion to recover all of the back pay which is coming to you. What brought this to mind was the recent settlement of a lawsuit by employees of the Hilton Hotel in Los Angeles. The workers claimed that the hotel failed to pay for time preparing for work and taking off uniforms which were required to be left at the hotel after each shift. In the settlement the hotel agreed to pay $2.5 million to about 1200 workers who worked at the hotel from 2004 to 2011.

Whiskey Vapors

“Sweet Vapors” There appears to be no end to the variety of conditions and situations which can form the basis for legal action, but whiskey fumes in the air? Who would have thought? In a unique class-action lawsuit filed last Wednesday in Louisville, Kentucky, the plaintiffs have sued three Louisville distilleries claiming that “sweet vapors” from aging whiskey carry a fungus which produce persistent black spots on cars and homes in the neighborhood. According to the plaintiffs’ attorney recent tests on some of the spots have detected a substance known as “whiskey fungus” or “angel’s share fungus.” Officials identified it as some sort of nonlethal mold which is not harmful to human health but is a nuisance. A spokesman for the targeted whiskey companies said that the spots are caused by a naturally occurring mold found often in the environment and unrelated to the production of whiskey. He said that that the companies do not believe that they have caused any harm to the plaintiffs. So here we have a clear disagreement, and resolving disputes is, after all, what our courts are for, but a class action lawsuit seems a bit over the top for what appears to be a rather minor issue. The fellow who started all of this could probably have got the justice he wants by bringing his claim in small claims court—with no lawyer required.

Motorcycle Safety

Bikers, be Safe It is always sad to see the injuries in motorcycle cases in our office, and although the person at fault in the accident is almost always the other driver, many times the calamity might have been avoided if the biker had taken an extra measure of defensive driving. Because of my concern for the safety of our motorcycle friends, from time to time I try to pass along a tip which can serve as a reminder. If this saves just one motorcyclist from injury, my effort will be well worth it. Studies have shown that people who feel less vulnerable to injury have a tendency to take greater risks and to overcompensate for enhanced safety features thus leading to more injuries and fatalities. The danger here is that a biker with a helmet and full protective gear might drive faster, take faster turns and be less careful of other traffic than bikers with no helmet and ordinary clothing. So being aware of this potential danger is the first step in avoiding it. By all means take advantage of all of the protection you feel comfortable with, but be aware that it is not a free pass for reckless driving.

Truck Safety Rules

Truck Safety Rules Truck drivers and their employers carry a heavy responsibility to make sure that their big rigs do not pose a hazard to other vehicles on the highway. Unfortunately the pressures to make a profit or to increase the driver’s or operator’s income sometimes result in decisions which endanger the traveling public. Drivers are often tempted to push the limits of the rules, particularly in failing to observe the required rest requirements. Any truck driver who is on the road in a tired condition poses a serious hazard. The Federal Motor Carrier Safety Administration has promulgated new rules designed to increase highway safety. The updated rules provide: • An 11-hour driving limit (unchanged) with a requirement of a 30-minute break before 8 consecutive hours of driving • During the 34-hour “restart” or off duty time, there must be at least two consecutive nighttime periods lasting from 1:00 a.m. to 5:00 a.m. Although the agency has been criticized for its failure to adopt more stringent requirements, especially leaving the 11-hour limit rather than going to 10 hours which many safety advocates were pushing, according to the agency, “The purpose of the rule is to limit the ability of drivers to work the maximum number of hours currently allowed, or close to the maximum, on a continuing basis to reduce the possibility of driver fatigue. Long daily and weekly hours are associated with an increased risk of crashes and with the chronic health conditions associated with lack of sleep. These changes will affect only the small minority of drivers who regularly work the longer hours.” The FMCSA is constantly reviewing its rules to improve safety, but without compliance on the part of drivers, the risks remain high, and truck accidents remain a cause of catastrophic highway crashes.

Accidental Death

Wrongful Death Claims Under old English law where a person’s death was caused by the fault of another person, the claim to recover money damages for the loss died with the victim, and the guilty party had no obligation to compensate the survivors. In every state, including Maine (and also under modern law in England) the state legislature has enacted laws modifying the old rule and permitting recovery by the survivors in cases where an accidental death is the result of the negligent, careless, intentional or reckless acts of another person. Most states allow recovery in whatever amount a jury may determine to be fair, but some states, including Maine, place a limit on the amount which the guilty party must pay for the loss of comfort and companionship suffered by the surviving family members. In Maine this amount has been raised from time to time and is currently set at $500,000. There is no limit on recovery for so-called pecuniary losses such as funeral and medical expenses, future loss of financial support and other financial losses due to the death of the victim. You may be surprised to learn that the surviving spouse is not entitled to the entire amount of whatever is recovered in a wrongful death action unless there are no surviving minor children. Although the law covering wrongful death cases is not exceptionally complex, these cases do involve some unique considerations, so family members who have lost a loved one will be best served by retaining a law firm with experience in this field.

Brain Injury Accidents

Traumatic Brain Injury A blow to the head, a frequent occurrence in a motor vehicle accident, often results in a concussion and sometimes in a traumatic brain injury (TBI) which can totally or partially incapacitate the victim. Until now only specialists were trained in the treatment of TBI, and as a result many patients did not receive prompt and appropriate treatment resulting, in some cases, to unnecessary long-term complications and disability. Now the Obama administration in partnership with U.S. medical schools will begin to include information on the diagnosis and treatment of TBI in their curriculum. So far 105 medical schools and 25 osteopathic colleges have promised to make traumatic brain injury a part of their curriculum. Suffering a TBI can never be good news, but at least now there may be more hope for light at the end of the tunnel.

Dog Bites

Dog Bite Statistics According to the Insurance Information Institute it cost insurers $412 million for dog bites in 2009, an increase from $387.2 the previous year, making that five consecutive years of increases. The number of claims, 16,586, was up 4.8 per cent from 2008. Statistically nearly 4.7 million people are bitten by dogs each year, 15 to 20 people are killed and 50% of dog bite fatalities are children under 10 years old. Approximately 100 children are bitten by dogs every day in the U.S. and about 92 of these children will need medical attention. In a more recent report DogBite.org, a national dog bite victims’ organization devoted to reducing serious dog attacks, presented statistics for 2011 including 31 fatal dog attacks in that year. Of these fatal attacks 67 per cent were by pit bulls even though pit bulls account for only 5 per cent of the total U.S. dog population. Rotweilers accounted for another 13 per cent. Interestingly, somewhat at odds with the Insurance Information Institute’s report, 70 per cent of pit bull victims were between the ages of 32 and 76, and there were 7 cases of pit bulls killing their owners. Texas and California had the highest number of fatal dog attacks. Although dog bite injuries are small in number compared to motor vehicle accidents, nevertheless the numbers are substantial, and Lowry & Associates has been successful in bringing in fair compensation for many dog bite victims over the years.

Bicycle vs Tractor-trailer

Bicyclist Wrongful Death Following a seven-day trial in the federal court in New Hampshire, the jury awarded $8.5 million to the family of a bicyclist who was killed in August, 2008, when he was run over by a tractor-trailer on a rural road in Porter, Maine. The bicyclist was traveling on the right side of the road as he approached a curve to the left. The tractor-trailer, traveling in the same direction, pulled into the left lane to avoid the bicycle, but when confronted with a pickup coming in the opposite direction pulled back to the right to avoid a head-on collision. The bicyclist was forced off the pavement, lost control of his bike, fell back onto the roadway, was run over by the rear tires of the trailer and died instantly. The jury determined that the driver of the tractor-trailer was negligent in attempting to pass on a curve with insufficient visibility ahead, and rejected the defendant’s claim that it was a safe and reasonable place to pass. The jury also rejected the testimony of the state police accident reconstructionist who said that the main cause of the accident was the condition of the shoulder of the road which caused the decedent to loss control of his bicycle. The 38-year-old decedent was an experienced bicyclist, a college graduate and owned his own contracting business. At the time of his death he was in excellent health and left a wife and two minor children. After four hours of deliberation the jury awarded $3.5 million for lost wages and earning capacity and $5 million for loss of consortium for the surviving spouse and children. If the case had been brought in Maine where the accident occurred, the law would have limited the amount of the award for loss of companionship (the legal term is consortium) to only $500,000. The law in New Hampshire appears to have a similar restriction on damages for loss of consortium as Maine, so it is likely that the amount of the award will have to be reduced. The difference between how a jury values loss of a loved one and the limited amount set by the legislature is troubling. I would submit that a jury of ordinary citizens with access to the facts of each case is better equipped to reflect the values of the community than lawmakers sitting in the state capital considering only a theoretical case and responding to the pleas of insurance industry lobbyists.

Death AND Taxes

Tax Time = More Highway Fatalities I hope that all my readers have survived tax day which fell this year on Tuesday, April 17 due to celebration of Patriots Day in Maine and Massachusetts. It is a bit surprising, but actually makes sense when you think about it, that new research shows that there is an upswing in fatal traffic accidents on tax filing day. According to a report published in the Journal of the American Medical Association deaths from highway accidents were, on average, 6 percent higher on each of the tax filing days in the last 30 years compared to a day during the week prior and a week later. The study looked at data from the IRS and the NHTSA from 1980 to 2009 and showed that there was an average of 226 fatal crashes for each of the 30 tax days, but only 213 for the 60 control days. According to Donald Redelmeier, a professor of medicine at the University of Toronto and the lead researcher, the findings suggest that stress, lack of sleep, alcohol use and less tolerance of other drivers contribute to the increase of deaths on tax day. Interestingly Professor Redelmeier noted that an increase of risk of this magnitude is about the same as Super Bowl Sunday, a time notorious for drinking and driving. Although there has long been speculation that stressful deadlines can contribute to driver error and fatal crashes, this is the first study to confirm that psychological stress contributes to real world accidents. Everyone agrees that people should observe obvious safety precautions such as buckling up seat belts, obeying the speed limit, avoiding alcohol, minimizing distractions and refraining from driving recklessly, but when people are under stress they frequently forget to do these common sense things. With tax day just behind us, we have another year to think about being more careful next April 15th.

Highway Construction Hazards

Roadwork Accidents

A New York Times piece last December reported that hazards related to highway work result in about 160 deaths and 11,000 people injured every year. This is an area where there are only loosely enforced standards at best with no uniformity among the various states. Because federal regulators do not track the ways that highway hazards cause accidents or attempt to determine when contractors and state highway planners are at fault, work zone crashes are often under-reported or inaccurately reported.

The problem is taking on increased significance as a result of the federal stimulus which has launched a nationwide boom in highway construction.

Because of this lack of attention to highway construction safety it is often difficult to prove a case of negligence against a contractor and even more so against a municipality or a state agency. It takes attention to detail and a lot of hard work to make sure that someone who has been injured at a highway construction scene is properly compensated.

My firm, Lowry & Associates, has been doing this work for many years, so we are fully aware of the ins and outs of making these cases successfully, and we are ready to put our experience to work for our clients.

Underflated Tires

Check Your Tire Pressure to be Safe

According to recent research nearly half of cars on U.S. highways may be on tires that are underinflated. An underinflated tire causes additional friction and flexion in the sidewall which causes excessive heat to build up in the tire which could lead to tire separation or tire failure leading to a blowout with the potential for a collision or even a rollover. Even without tire failure a vehicle may “wallow” on underinflated tires which causes a loss of control as well as causing the vehicle to ride slower and get lower fuel economy.

It is impossible to determine tire pressure accurately by a visual inspection. Modern radial tire design results in slight bulging even when properly inflated. A regular check with a pressure gauge, preferably monthly, is recommended. The manufacturer’s recommended tire pressure can usually be found in the glove box, on the doorjamb or on the fuel tank door. The pressure reading and any corrections should be taken while the tire is still cold before starting to drive or after having driven no more than a mile or two.

Not all tire failures are caused by improper inflation. A tire may have left the factory with a hidden defect, so whenever an accident happens because of a tire failure, a personal injury lawyer should be consulted to see if an investigation of the underlying cause of the accident is indicated.

Impaired by Legal Drugs

Driving While Impaired

We are all aware that consumption of alcoholic beverages can impair the ability to drive and can lead to accidents and injuries. It is also well recognized that taking illegal drugs can produce the same result, and there is nothing unusual about an operating under the influence (OUI) conviction based on illegal drug use.

In a recent case, however, the Maine Supreme Judicial Court upheld an OUI conviction based on the ingestion of prescription drugs thus making it clear that there is personal responsibility for operating a vehicle free of impairment without regard to the cause of impairment.

In the case decided by the high court the defendant admitted that he had been taking prescription drugs a few hours before being arrested. He was observed operating at an excessive speed, was unable to perform three field sobriety tests and was positive on a test for drugs in the urine.

Although the finding was not unexpected, it is a comfort to those on the highways to know that this menace to traffic safety will not be tolerated.

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Safety Tips for Bikers

Safety Tips for Bikers

To protect against motorcycle accidents, often caused by the inattention of motorists, all motorcyclists should be defensive drivers and take extra safety precautions to avoid crashes. The fault may lie with the other driver, but it is the person on the motorcycle, driver or passenger, who ends up with the serious injury in a collision.

Being constantly super-alert and aware of traffic nearby is the most important safety precaution, but here are some simple measures which all bikers should take:

• Hold the bike with your legs, not your arms.

• Do not tailgate or ride between the lanes.

• Use your signals.

• Anticipate what cars ahead of you may do by looking forward and ahead

• Never drive beside a big rig

It would be just fine with us at Lowry & Associates if there were no need for our services because no more bikers were getting hurt, but if an accident does happen, then we are here to make sure that the victim receives a fair recovery.

Accident amputations

Loss of a Limb
It is self-evident that loss of an arm or leg in a car crash or in an industrial accident can have a profound impact on the lives of accident victims and their families. It often means the end of a career or loss of the opportunity to pursue work opportunities and often prevents a person from pursuing favorite activities or hobbies.

However, even the amputation of a finger or toe can throw off balance and impact mobility in a number of life-changing ways.

When pursuing a claim for the loss of a limb it is important to have a lawyer who is alert to all of the ramifications of how this affects the life of the victim and who is proficient in making every aspect of these losses clear to the insurance company or to a jury.

Concussions, the Unseen Injury

A person who is in a car accident or falls on ice or another slippery surface quite often gets a bump on the head. If this happens to you, you may not think much about it and figure that the bruise will go away in a day or two and that will be the end of it.

Even though you may not realize it at the time, you may have received a concussion which can be a serious, unseen injury. If you or someone you know has been in an accident in Maine involving a blow to the head, it is important to watch out for any of the following symptoms.
• Loss of consciousness
• Confusion
• Headache
• Nausea or vomiting
• Blurred vision
• Loss of short-term memory
• Repeating the same thing over and over

Although some of these symptoms may seem minor, it is important to call your doctor. If the symptoms are severe, such as repeated vomiting or loss of consciousness for more that a couple of minutes, you should go to an emergency room without delay.

The best way to guard against a head injury when riding in a car is to wear a seatbelt with a shoulder restraint. If you or someone you know has been involved in a Maine accident, contact a Maine accident lawyer at Lowry & Associates, or get our free book to have your questions answered before you decide to call a lawyer.

Drunk Drivers are Still out There

Hit by a drunk driver?

We all make mistakes, but the drunk driver who caused your auto accident and your injuries did more than make a mistake. He made the choice to drink and get behind the wheel. With all of the information about the effects of drinking and driving that has been made public by Mothers Against Drunk Driving and others, there can be no excuse for this reckless conduct.

The drunk driver who hit you may be faced with a criminal charge, but it is important that he also be held responsible for the many losses that go along with being injured in a car accident. Most drunk drivers who face charges or who are involved in an accident have driven drunk many times without getting caught.

You should be sure that your medical bills and lost wages are paid for as well as what is fair to compensate you for the disruption and pain that you have had to endure. This is not only fair for you, but also sends a message which may make others think twice before drinking and driving.

For many years your injury lawyers at Lowry & Associates have been helping those who have lost a loved one or who have been injured in a motor vehicle accident caused by a drunk driver. Call us for free advice on what you should do, and get our free book to find out all of the information you should know before deciding on hiring a lawyer.

http://www.lowrylaw.com/reports/the-big-secrets-about-maine-injury-claims-what-no-one-is-telling-you.cfm

Protect Your Kids from Pedestrian Accidents

Precautions to Protect Child Pedestrians

The second leading cause of injury-related deaths among children aged 5 to 14 is pedestrian accidents. Children in this age group are at risk and need special protections because of both their size and the fact that their cognitive ability is still developing. Lowry & Associates, your Maine injury attorneys, is glad to be able to provide you with the following guidelines which will help you to keep your children safe.

• Always look both ways before crossing the street. Teach your children this routine: look left, right, and the left again before starting to cross, then continue to look both ways as they cross, and always walk, don’t run.

• When walking on a sidewalk or path alongside a road, always walk facing the traffic. If there are no sidewalks, walk as far left as possible.

• Make sure that your children understand the traffic signals in your area.

• If your child is under the age of 10, you should walk with him or her whenever possible when crossing a street or road.

• In low-light or dark conditions make sure your child wears light-colored clothing. Adding reflectors to your child’s clothing is also highly recommended.

• Provide boundaries appropriate for your child’s age regarding where he or she can play. If possible avoid unfenced yards, parking lots, driveways and streets.

Your Maine personal injury lawyers at Lowry & Associates will do everything possible to help you avoid dangers for you and your family, but if your child has been the victim of a pedestrian accident, call us for free advice on how you should proceed. Get our free book for the inside information you should know before deciding on hiring a lawyer.
http://www.lowrylaw.com/reports/the-big-secrets-about-maine-injury-claims-what-no-one-is-telling-you.cfm