Personal Injury in Maine | Joe Bornstein | No Fee Unless You Win

Call Us: (207) 225 5563 Call Us: (207) 225 5563

Negligent Building Maintenance Attorney in Maine with Over 25,000 Victories

Fighting for the rights of injured Mainers in negligent building maintenance claims is exactly the type of complex case The Law Offices of Joe Bornstein has been managing for more than 50 years. We will stand up to the insurance companies and pursue the full compensation you are entitled to.

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Joe Bornstein Victories Joe Bornstein Years Joe Bornstein Millions

No fee unless we win a settlement or a verdict

Free & confidential case evaluation with no obligations

Serving all 16 counties in Maine

Virtual meetings and home visits available

Available day and night for all new and existing clients

Injured Due to Negligent Building Maintenance in Maine?

Mainers are resilient when it comes to coping with difficult weather and other unexpected acts of nature. However, they also have a right to assume that the businesses or residences they visit meet their legal obligation to maintain buildings and provide “reasonably safe” premises. This standard applies in private homes, businesses, or even government buildings. If you or a loved one has been affected by negligent building maintenance, we are here to help. Our Maine negligent building maintenance lawyers fight for injury victims across all 16 counties, in seven offices statewide

With Joe Bornstein’s Office, Pursuing a Negligent Building Maintenance Claim in Maine Is as Easy as 1-2-3

Property owners in Maine have a fundamental obligation to keep their buildings in a condition that prevents foreseeable harm to residents, customers, and visitors. When a facility falls into disrepair, the consequences often manifest as traumatic injuries. Since 1974, our firm has stood as a determined advocate for Maine injury victims, forcing insurers to recognize the legal duties owed to you under state law. Here is the process we use to secure your recovery:

1

Confidential Free Case Review

One phone call initiates your legal journey. A negligent building maintenance attorney from our firm will listen to the specific details of how your accident occurred. We analyze the chain of custody and control over the property to identify who was truly responsible for the safety violation, providing you with a clear assessment of your claim’s viability. There is no cost, no obligation, and no pressure.

2

Injury Claim Evaluation

The duties owed by a property owner vary depending on whether the building is a private apartment, a retail commercial space, or a public facility. Insurers often weaponize Maine’s fault rules against you. Furthermore, if the incident occurred on government property, the Maine Tort Claims Act introduces complex administrative hurdles. We clarify exactly what your specific case requires to succeed.

3

Comprehensive Legal Representation

Once you hire us, we move to insulate you from the insurance company. We become your point of contact, ensuring you are no longer subjected to invasive calls or aggressive questioning. We handle the assembly of your medical evidence, satisfy all strict court-mandated deadlines, respond to defense filings, and manage the administrative burden of your claim. Your sole focus remains on your physical recovery; we handle the legal heavy lifting.

Get Your Free Case Evaluation Today!

How Joe Bornstein’s Office Can Help with Your Negligent Building Maintenance Claim in Maine

Getting fair compensation after a building maintenance failure is not automatic. Property owners argue the defect was not reported to them. Management companies argue that the defect fell under the owner’s responsibility. Insurers argue your injury was not as severe as you claim, or that you contributed to your own harm by not watching where you were going. Here is how our attorneys counter each of those arguments.

Documenting the Maintenance Failure Before Evidence Disappears

Work order logs, inspection certificates, vendor contracts, and building permit histories are the documentary backbone of every negligent maintenance claim. We preserve and obtain these records before they are altered, lost, or destroyed. We photograph the exact condition that injured you, request service history going back years, and establish the timeline of when the property owner first had (or should have had) knowledge of the defect.

Identifying Every Party Legally Responsible for the Building

Maine premises liability law recognizes that the duty to maintain a property can rest simultaneously on an owner, a management company, an HOA, and a contracted repair vendor, depending on the language of their agreements and the nature of the hazard. We trace the contractual chain to make sure every responsible party is held accountable and that every available insurance policy is pursued.

Building the Evidence of Your Long-Term Losses

A building that was not properly maintained can produce injuries with permanent consequences: spinal damage, traumatic brain injury, joint destruction requiring surgery, and near-drowning with neurological effects. Insurance companies value these injuries at a minimum. We bring in medical specialists, vocational rehabilitation experts, and life-care planners to document what your injury actually costs over the arc of your life.

Applying Maine’s Made Whole Doctrine

When your health insurer has paid for treatment, and your case resolves, it will often try to recoup those payments from your settlement. Under Maine’s Made Whole Doctrine, your insurer generally cannot recover anything until you have been fully compensated for every category of loss, including pain and suffering, future medical costs, and lost earning capacity. We negotiate those liens and subrogation claims aggressively so that more of your settlement stays with you.

Preparing for Trial from the First Document We Gather

Insurance carriers representing building owners and management companies settle claims at full value when they believe the alternative is a courtroom. That belief only forms when they are sitting across from negligent building maintenance attorneys in Maine who have spent decades fighting and winning cases. We prepare every claim for District or Superior Court from day one, because that preparation is what creates the leverage to settle fairly.

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The Law Offices of Joe Bornstein Brings Legal Support to You, Anywhere in Maine

Building failures happen everywhere in Maine, in Portland high-rises and in rural apartment buildings, in Bangor commercial centers and in seasonal lodging properties along the coast. Our negligent building maintenance lawyers in Maine understand the procedural requirements of every county courthouse, and if you are recovering from a serious injury and cannot come to us, we will come to you.

Portland

Portland

90 Johnson Road, Suite A

Portland, ME 04102

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Lewiston

Lewiston

157 Main Street

Lewiston, ME 04240

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Sanford

Sanford

913 Main Street

Sanford, ME 04073

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Augusta

Augusta

285 State Street

Augusta, ME 04330

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Biddeford

Biddeford

193 Main Street, Suite 105

Biddeford, ME 04005

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Windham

Windham

17 Storm Drive

Windham, ME 04062

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Bangor

Bangor

9 May Street

Bangor, ME 04401

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Our negligent building maintenance attorneys are one call away. We understand how Maine’s climate accelerates building deterioration, how seasonal use patterns affect maintenance obligations, and how local court practices affect case strategy.

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Maine’s Most Trusted Negligent Building Maintenance Lawyers

Maine’s Most Trusted Negligent Building Maintenance Lawyers

Since 1974, our firm has delivered aggressive, informed advocacy for injury victims throughout Maine. Our attorneys have sat across the table from national insurers, major commercial property management companies, and municipal defendants, and we have the results to show for it.

Recognition of Excellence

Our personal injury lawyers in Maine hold some of the most rigorous peer-reviewed credentials in the profession:

  • AV Preeminent Rating from Martindale-Hubbell
  • Best Lawyers in America – Personal Injury
  • Super Lawyers – Maine Personal Injury
  • National Trial Lawyers – Top 100

Fierce Advocacy

We recognize that insurance companies act quickly to suppress claims. We act faster, signaling immediately that you have legal counsel prepared to fight for the full compensation you are owed.

Local Legal Experience

All lawyers and staff members at The Law Offices of Joe Bornstein live and work in Maine. We possess daily familiarity with the duty-of-care standards under Maine common law and the notice requirements of the Maine Tort Claims Act, and we know how to handle defense arguments regarding “open-and-obvious” hazards.

No Fee Unless You Win

We handle every negligent building maintenance case in Maine on a contingency basis. You pay no legal fees unless we recover a settlement or verdict for you. There are no upfront costs, no hourly charges, and no fees if we do not win.

24/7 Responsiveness

Your Maine negligent building maintenance lawyer will keep you informed from the first consultation to the final distribution of your settlement. You will always know where your case stands. At The Law Offices of Joe Bornstein, we treat our clients as neighbors with real problems that require real solutions.

Call Joe Bornstein Law Now!

Joe Bornstein’s Office Fights for Your Right to Compensation after a Negligent Building Maintenance Injury in Maine

Maine Negligent Building Maintenance Lawyer

A dedicated Maine negligent building maintenance attorney at our firm can identify the appropriate legal pathway based on property ownership and insurance configurations:

  • Private property claims: We pursue claims against the commercial liability or homeowner’s policies of the owner or occupier. These policies are designed to cover your medical costs, lost income, and suffering.
  • Commercial business claims: Retailers and landlords carry substantial liability policies. We hold these businesses accountable when they ignore hazards, seeking the full limits of their commercial coverage.
  • Municipal/government claims: When an injury occurs at a library, town hall, or state-run facility, the Maine Tort Claims Act applies. These claims require strict adherence to notice deadlines and procedural steps.

$750 Million+ Recovered for Maine Families

Our record of results reflects decades of strategic representation against national insurance carriers and local defense firms.

  • $1,000,000 settlement for a client from Old Orchard Beach who lost her leg after tripping on a hazardous walkway outside her apartment.
  • $4,500,000 – Car accident case in Swanville
  • $3,240,000 – Car accident claim in East Waterboro
$1 Million Initially Offered by Insurance
$4.5 Million
Car Accident
Swanville
$3.75 Million Initially Offered by Insurance
$3.8 Million
Truck Accident
Bangor
$1.3 Million Initially Offered by Insurance
$6 Million
Distracted Driving Claim
Livermore
$1 Million Initially Offered by Insurance
$4.5 Million
Car Accident
Swanville
$3.75 Million Initially Offered by Insurance
$3.8 Million
Truck Accident
Bangor
$1.3 Million Initially Offered by Insurance
$6 Million
Distracted Driving Claim
Livermore

These are not isolated wins, but represent our long-standing commitment to pursuing full and fair compensation for all types of personal injury claims in Maine.

What Types of Damages Are Available in Maine Negligent Building Maintenance Cases?

  • Economic damages cover every verifiable financial loss that flows from your injury: emergency treatment, surgery and hospitalization, physical and occupational therapy, assistive devices, prescription medications, transportation to medical appointments, lost wages during recovery, and projected future medical costs when your injury has lasting effects. There is no cap on economic damages in Maine negligent building maintenance cases against private parties.
  • Non-economic damages compensate for what cannot be measured in a billing statement: physical pain, psychological suffering, loss of enjoyment of activities that defined your life before the injury, disfigurement, and the broader disruption to your relationships and daily functioning. Recovery here is ultimately bounded by available insurance coverage or the defendant’s assets, which is why our firm maps the full coverage structure at the outset of every case.
  • Wrongful death damages are available when a building maintenance failure causes a fatal injury. Under Maine law at 18-C M.R.S. § 2-807, the deceased’s heirs may seek compensation, including economic losses, funeral expenses, and, for deaths occurring after 2023, loss of comfort, society, and companionship, capped at $1,000,000 subject to Consumer Price Index adjustments, with economic damages and funeral expenses remaining uncapped.
  • Punitive damages require proof by clear and convincing evidence that the building owner or manager acted with express or implied malice. They are rarely awarded but worth evaluating where the record shows deliberate concealment of known hazards or a calculated decision to defer maintenance despite documented knowledge of imminent danger. In wrongful death claims involving deaths after October 2023, they are subject to a $500,000 cap.

Client Testimonials

I have the up most confidence in your services, and tell everyone how much you’ve helped me and made my life so much better.

A
Actual Client
Lewiston

Hi Joe, just wanted to take the time to give you and Stephanie a big THANK YOU for all you both did on helping me settle on what I deserved.

I truly appreciate all you did. I am so happy we made the decision to have you as my lawyer, because the person that was with me in my car has still not settled. Thank you both for everything and you can bet I will refer you to my loved ones and friends.

A
Actual Client
Naples

Words could never express how much you’ve helped me and how grateful I am for everything you’ve done for me.

Your law firm is so helpful caring and compassionate.

A
Actual Client
Lewiston

Thanks Joe Bornstein.

Your services are great and I would recommend you to anyone needing legal advice. I won’t hesitate to call if I need your services again.

A
Actual Client
Saco

Liked the fact that when I needed to talk to either an attorney or his case manager they were available.

A
Actual Client
Gorham

Your firm is wonderful, you helped me, listened to me and made me feel important like I wasn’t just another case because you understood everything I’ve been going through and you’ve made my life so much better an so much easier in so many ways.

A
Actual Client
Lewiston

My whole experience with the firm was wonderful.

I liked everything about our interactions.

A
Actual Client
Brunswick

I know you were just doing your job, but I felt important, like someone really did care about my situation.

A
Actual Client
Durham

You were wonderful and truly made me feel like you cared about me and my problems.

A
Actual Client
Brunswick

You really were wonderful and I can’t express it enough.

A
Actual Client
Acton

How Much Is Your Premises Liability Claim Worth in Maine?

The intersection of your documented financial losses and the subjective, long-term impact on your quality of life determines the value. A free claim evaluation with a negligent building maintenance lawyer at our firm is the only reliable way to project what your claim may be worth.

Get Your Free Case Evaluation Today!

Negligent Building Maintenance Cases We Represent Across Maine

Building maintenance failures produce a wide range of injury types across a wide range of property categories. Our negligent building maintenance attorneys apply detailed knowledge of Maine’s property owner duty-of-care standards and the specific maintenance obligations that apply to each type of structure to every claim we accept.

Slip-and-Fall Maintenance Hazards

While minor surface issues are common, we focus on slip-and-fall claims rooted in systemic maintenance neglect. This includes flooring that has worn to a dangerously slick finish, transitions between floor types that lack proper anti-slip treatments, or floor surfaces damaged by long-term water intrusion and structural buckling. If your fall was caused by an owner’s failure to maintain a safe floor surface or structural transition, we hold them liable.

Asbestos Exposure and Building Hazards

Building owners are responsible for ensuring that hazardous materials, including friable asbestos, are properly managed or abated during renovations and routine maintenance. When owners fail to disclose the presence of asbestos or allow dangerous fibers to become airborne due to negligent building upkeep, occupants and visitors face severe, long-term respiratory risks. We hold property owners accountable for toxic exposure resulting from their failure to follow established safety protocols.

Structural Failures and Defective Building Components

Floors, ceilings, balconies, and decks are weight-bearing structures that require professional oversight. From rotting support beams to sagging decks, deferred maintenance creates catastrophic collapse hazards. Maine law holds property owners strictly accountable when they ignore the structural integrity of the buildings they control.

Elevator and Escalator Failures

Commercial buildings, hotels, and hospitals must maintain vertical transport systems per strict safety codes. Sudden drops, leveling failures, or door sensor malfunctions indicate systemic neglect. We pursue both the building owner and the elevator service contractor to ensure all responsible parties are held liable.

HVAC, Electrical, and Mechanical Systems

Landlords must ensure heating systems meet the warranty of habitability (68°F at severe temperatures). Beyond heating, we handle claims involving electrical fires, arc flash events, and pressurized system failures. When building operators ignore maintenance schedules for these critical mechanical systems, they create severe fire and shock risks.

Swimming Pool Injuries

Pool safety in Maine is governed by Title 22, Section 1632, the Maine Uniform Building and Energy Code, and federal VGB Act standards. We represent victims of near-drownings, orthopedic trauma from hard deck surfaces, and injuries caused by preventable maintenance failures. Common hazards include:

  • Swimming pools not closed in by a compliant gate.
  • Negligent upkeep of water filtration, chemistry, and structural integrity.
  • Insufficient or absent depth markers.
  • Improperly installed or maintained diving boards.
  • Pools not filled in accordance with designated depth markers.

Our Maine negligent building maintenance attorneys understand how these layers of safety regulations interact and use them to build the strongest possible case for your recovery.

Building Envelope and Water Intrusion

Neglected roof flashing, window seals, and drainage systems allow water to migrate inside, leading to structural rot, mold, and buckled flooring. We hold owners accountable when their failure to maintain the building’s exterior “shell” leads to interior hazards that injure occupants.

Injuries at Hotels and Vacation Rentals

Maine’s lodging industry, from coastal hotels to mountain resorts, sees concentrated wear and tear. When management defers maintenance to maximize occupancy, guests are placed at risk. We represent visitors injured by negligent upkeep at any Maine-based lodging or short-term rental property.

Common Area Failures in Residential Complexes

Landlords and condominium associations must maintain common areas like lobbies, laundry rooms, and fitness centers. When maintenance responsibilities fall through the cracks of a condo declaration or a management contract, our attorneys identify the proper entity to hold accountable for the unsafe condition.

A free, confidential case evaluation costs you nothing. What it gives you is clarity about where you stand and what your options are.

You may live miles from the nearest city. If you cannot come to us, we will come to you.
- Joe Bornstein

Maine Laws That Affect Your Negligent Building Maintenance Claim

Maine has strict laws and rules regarding building maintenance, primarily focused on safety, habitability, and energy efficiency. Key regulations include the statewide Maine Uniform Building and Energy Code (MUBEC) for new construction/renovations and legal requirements for landlords to maintain safe, habitable rental units, including functioning heat and smoke detectors.

Statute of Limitations for Private Property

You generally have six years from the date of your injury to file a lawsuit against a private owner or management company. While this window is generous, it is a liability; physical evidence often disappears, and maintenance records may be purged long before the deadline. Early action is essential for a strong case.

Notice Requirement for Government-Owned Property

If you are injured in a public school, municipal building, or state facility, the Maine Tort Claims Act requires you to file a formal Notice of Claim within 365 days. Failure to provide this notice typically bars your right to sue, regardless of the two-year statute of limitations that follows. Exceptions for minors or those misled by government representatives are extremely narrow.

Compensation Limits for Government Claims

The Maine Tort Claims Act historically limited damages against government entities to $400,000. Legislation (LD 1347) has sought to increase this limit to $1,250,000 per occurrence. Consult with our Maine negligent building maintenance lawyers to determine the current applicable cap for your specific claim.

Maine’s Modified Comparative Fault Rule

Insurers frequently argue that you are partially responsible for your injury, claiming you should have spotted a hazard or reported a defect. Under Maine’s comparative fault rule, you can still recover damages provided you are less than 50% at fault. If you are 50% or more responsible, your claim is barred. Our negligent building maintenance attorneys proactively build your case to defend against these attempts to shift blame.

Wrongful Death Filing Deadlines

If a building maintenance failure results in a fatality, the timeline to file a wrongful death lawsuit depends on the date of death. For deaths occurring on or after October 25, 2023, the estate generally has three years to file a claim. For deaths prior to that date, the previous two-year deadline applies. Because these cases involve complex damages caps and the necessity of preserving maintenance evidence immediately, consulting with our firm early protects your family’s full range of legal options.

Call Joe Bornestein’s Office Today to Start Your Negligent Building Maintenance Claim in Maine

Call Joe Bornestein’s Office Today to Start Your Negligent Building Maintenance Claim in Maine

Property owners and management companies in Maine have a legal obligation to maintain their buildings in a condition that does not endanger the people who live, work, and visit there. When they fail that obligation, the Law Offices of Joe Bornstein are ready to hold them accountable. Our personal injury attorneys have spent more than 50 years fighting for Maine injury victims, and we treat every client the way we would want our own family treated, with direct answers, genuine attention, and an absolute commitment to pursuing every dollar of compensation the law allows.

Start Your Claim Now!
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Rated 5 Stars by Our Clients

With decades of experience handling personal injury claims, The Law Offices of Joe Bornstein has the skill and dedication to pursue the best possible outcome for you.

Watch our client video

I have the up most confidence in your services, and tell everyone how much you’ve helped me and made my life so much better.

A
Actual Client
Lewiston

Hi Joe, just wanted to take the time to give you and Stephanie a big THANK YOU for all you both did on helping me settle on what I deserved.

I truly appreciate all you did. I am so happy we made the decision to have you as my lawyer, because the person that was with me in my car has still not settled. Thank you both for everything and you can bet I will refer you to my loved ones and friends.

A
Actual Client
Naples

Words could never express how much you’ve helped me and how grateful I am for everything you’ve done for me.

Your law firm is so helpful caring and compassionate.

A
Actual Client
Lewiston

Thanks Joe Bornstein.

Your services are great and I would recommend you to anyone needing legal advice. I won’t hesitate to call if I need your services again.

A
Actual Client
Saco

Liked the fact that when I needed to talk to either an attorney or his case manager they were available.

A
Actual Client
Gorham

Your firm is wonderful, you helped me, listened to me and made me feel important like I wasn’t just another case because you understood everything I’ve been going through and you’ve made my life so much better an so much easier in so many ways.

A
Actual Client
Lewiston

My whole experience with the firm was wonderful.

I liked everything about our interactions.

A
Actual Client
Brunswick

I know you were just doing your job, but I felt important, like someone really did care about my situation.

A
Actual Client
Durham

You were wonderful and truly made me feel like you cared about me and my problems.

A
Actual Client
Brunswick

You really were wonderful and I can’t express it enough.

A
Actual Client
Acton

Frequently Asked Questions

Our Maine negligent building maintenance lawyers regularly answer complex questions regarding facility safety and owner negligence. If you have specific concerns, contact us for a direct consultation.

Who can I sue for building maintenance injuries in Maine?

Liability generally falls on the party in “possession and control” of the property. This is usually the building owner, but it can also be a property management firm or a third-party maintenance contractor if their neglect created the dangerous condition. Determining the correct defendant is critical. Many commercial buildings in Maine utilize management companies to handle repairs; if that company failed its contractual duty, it may be the primary target for your claim. An experienced Maine negligent building maintenance attorney will examine the maintenance agreement between the owner and the management firm to ensure the correct party is named in your lawsuit.

How do I prove a building owner was negligent in Maine?

You must prove “notice.” You satisfy this by showing that the owner either caused the hazard, had actual knowledge of the defect, or that the hazard existed for long enough that they should have discovered it through reasonable inspection. Property owners often claim they were unaware of a problem to avoid liability. We counter this by subpoenaing maintenance logs, work orders, and prior incident reports that demonstrate the owner had ample opportunity to prevent your injury. In cases involving elevator failures or fire safety violations, our firm aggressively gathers evidence to establish that the property owner had “constructive notice” of the malfunction long before you were harmed.

Why is negligent building maintenance regarding swimming pools considered so dangerous in Maine?

Because young children are especially vulnerable to these hazards, Maine law mandates strict safety protocols for pool owners to prevent unnecessary harm. Property owners are legally required to maintain secure enclosures, proper depth markings, and safe equipment to prevent accidents. When an owner fails to take these basic precautions for pools, hot tubs, or lap pools, they can be held strictly liable for the resulting physical or fatal trauma. If a child is harmed due to a missing gate or improper maintenance, a negligent building maintenance lawyer in Maine can prove the owner breached their duty of care, holding them responsible for the preventable tragedy.

Is there a difference between a "slip and fall," "premises liability," and a "building maintenance" claim in Maine?

While these terms often overlap, they describe different legal focus areas: “premises liability” is the overarching legal theory, “slip and fall” refers to specific surface-related accidents, and “building maintenance” claims address systemic structural or mechanical neglect. A Maine negligent building maintenance attorney understands how to strategically categorize your claim to ensure the correct standards of proof are applied. If you fall on a wet floor, it is a slip-and-fall; if you fall because a balcony railing corroded and gave way, you have a building maintenance claim that requires an investigation into long-term neglect by the property owner.

How long does the legal process take in a negligent building maintenance claim in Maine?

The timeline for a maintenance claim varies significantly based on whether the case resolves through insurance negotiation or in court. Most cases take between several months and a few years to conclude, depending on the severity of the injuries and the complexity of the evidence. We prioritize your financial recovery by preparing the case for trial immediately. Insurance carriers are more likely to offer a fair settlement early if they see that a negligent building maintenance lawyer in Maine has already built a robust, court-ready evidentiary file.

Do you have other questions about your accident?

Call Now For A Free Case Review

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Call, Text, or Email Joe Bornstein’s Office for a Free Case Evaluation Today!

Few firms in Maine have the depth of experience that comes from representing injured clients consistently for over half a century. Law Offices of Joe Bornstein combine experience, recognized professional excellence, and responsive client care to guide you every step of the way.

Call today to speak with a Maine personal injury lawyer near you. Your case evaluation is free, confidential, and available 24/7.


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    Hurt in a car, truck, or motorcycle accident, slip and fall, dog attack, or other serious incident?

    We represent clients across all 16 Maine counties with offices statewide and 24/7 availability.

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    The Law Offices of Joe Bornstein has earned the highest awards and recognitions.

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