Legal Question in Personal Injury in Maine

personal injury

my son age 9 at the time was mauled by a dog 16 months ago by a neigbors dog that came on our property and just mauled my son for no reason, it has been 16 months and he to go the hospital his left arm was severly sliced in two areas leaving major scarring his lip was punctured and his back was torn, which needs further surgery. There are 2 insurance companies involved the dog owner and the neigbor watching the dog. I feel i am at the mercy of the insurance company it has been 16 months and they have not settled they told me a year and it just has not been closed. When calling the insurance companies they keep saying they will get back to me and it has been several weeks, the last time they asked me do I have an amount i am looking at for the settlement, i have no idea i tried to look up cases in Maine for related incidents and could'nt find any. What should i do for the best interest of my son, he has suffered this past year emotionally and physically and I want to make the right decision for him. Kath


Asked on 9/16/08, 11:32 pm

2 Answers from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: personal injury

As you probably suspected, my first comment is that you should seek legal help with your case. I represent plaintiffs such as yourself and could help you and your son. However, my comment is not to drum up business for myself, as you should feel free to work with any plaintiff lawyer you choose. I would even be happy to give you some names of other reputable counsel if you would did not want to engage me.

I feel strongly that you should promptly seek legal help because there is such a great disparity of power between the insurer and you with regards to handling the claim. Your emails says it all- you have no idea how much the claim is worth because you are not in the business of handling personal injury. The insurance company is in that business, and their goal is very simple- to pay as little as possible. Period. Any settlement involving a minor will also need Court approval.

I do not know how much your case is worth based on your email, but it sounds terrible for your son to have gone through this, and more surgery is still needed? He has permanent scarring? I will bet this continues to affect him emotionally as well. This is the only opportunity to resolve the claim, so it should be done correctly, and not too quickly because any future medical bills, pain, etc cannot be recovered later. All past, present and future damages will all be included in a single settlement, or, if necessary to force the insurer to pay fairly, a lawsuit and legal judgment.

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Answered on 9/17/08, 8:58 am
David Marchese Drummond & Drummond, LLP

Re: personal injury

Hi Kath, I hope that your son is healing well and that he is not emotionally traumatized as well. I have represented several children who were bitten by dogs, and I know that the insurance companies are difficult to deal with. I am sorry that you are being victimized by them too, which is sad, given that your son was already a victim of the dog. I would be very happy to help you resolve your son's claim. Knowing the liability issues (meaning knowing what you have to prove to show negligence and how to prove it), as well as knowing how to value the claim is a matter of education and experience. I can certainly help you in both areas. Please let me know if you would like me to help out! Thank you for your inquiry.

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Answered on 9/17/08, 11:53 am


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