Settlements and Awards
$130,000 settlement for 19 year old client from mid-coast area of Maine. Defendant driver lost control on snowy and icy roadway and collided into client's vehicle as he was on his way to work. Client fractured his femur; he had surgery and was hospitalized for three days. Excellent recovery with no residual problems. $27,000 in medical bills and $1,500 in lost wages. Medical bills paid by health insurance. Repayment of lien reduced to $12,500.
$500,000 settlement for 34 year old client from York County. Defendant driver failed to yield at stop sign in parking lot of big box store and collided into client. Client suffered elbow injury that required multiple surgeries. Medical bills totaled $65,000. Client missed time from work and suffered considerable lost wages that were covered by workers' compensation.
$100,000 policy limits settlement for 41 year old client from Androscoggin County. Client suffered back injury in slip and fall on defective stairway when visiting at a friend's house. The railing had become detached and water was allowed to drip on stairs from defective roof gutter. MaineCare paid the majority of the medical bills. Successful in getting $60,000 MaineCare lien reduced to $10,000.
$132,000 in settlements from combination of liability coverage and coverages under three underinsured motorist policies. 29 year old client from Cumberland County who was a passenger in a motor vehicle accident that involved a phantom vehicle. Complex insurance issues of stacking of underinsured motorist coverage.
$60,000 settlement for 49 year old client from Kennebec County who was injured on defective stairs at the premises he was renting. $8,000 in medical bills all paid by MaineCare.
$45,000 settlement for 33 year old client from Kennebec County. The motor vehicle accident involved five injured passengers from same family. Claim involved sophisticated issues of division of policy limits and underinsured motorist coverage. In addition, $5,000 of the medical bills were paid by medical payments coverage. The remainder of the bills were paid by MaineCare.
$100,000 settlement for 37 year old client from Waldo County. Client parked alongside of road talking on cell phone. Defendant driver fell asleep, traveled across the road and hit client head on. MaineCare lien of $13,000 after paying all the medical bills. MaineCare lien reduced to $10,000.
$23,000 settlement for 53 year old client from Somerset County. Client rear ended by driver who had been tailgating her. Client hit head on headrest and developed headaches; also had low back pain. Medical bills all paid by medical payment coverage under client's policy.
$150,000 settlement for 51 year old client from Waldo County. Accident occurred while loading a truck. Torn tendon in arm with surgery. It was alleged that worker from another company was negligent. $23,000 in medical bills paid by client's health insurance. Successful is getting health insurance lien reduced from $23,000 to $8,000.
Awards and Social Security Disability Claims
SSI and SSD benefits awarded to a 32 year old claimant from Cumberland County. Despite having undergone spinal fusion, claimant continued to suffer from severe and chronic back pain with numbness and tingling in the legs, leaving the claimant unable to tolerate sitting, standing, or walking for any significant amount of time.
SSI benefits awarded to a 39 year old claimant from Cumberland County who suffered from uncontrolled type II diabetes with complications including diabetic retinopathy, peripheral neuropathy, diabetic ulcers, cellulitis, and obesity. As a result of the diabetes, the claimant developed osteomyelitis in the left foot and had to undergo a below the knee amputation.
SSD benefits awarded to a 50 year old claimant from Cumberland County. The claimant suffered from early onset dementia as a result of recurrent brain metastasis and craniotomy, as well as fourteen post-surgery radiation treatments. The claimant was also diagnosed with cancer and endured thirty-three additional treatments of radiation therapy and chemotherapy. As a result of the craniotomy and radiation treatments, the claimant experienced worsening, severe problems with memory, processing information, concentration, focus, and confusion.
SSD benefits awarded to a 48 year old claimant from Somerset County who suffered from heart disease, chronic obstructive pulmonary disease, sleep apnea, diabetes, and musculoskeletal problems. Claimant had undergone cardiac catheterization and had two stents and a pacemaker implanted. After cardiac rehabilitation, the claimant was able to return to work for a short time. Unfortunately, however, the combination of the symptoms caused by the claimant's numerous impairments eventually left the claimant unable to perform the required work activities.
A 52 year old claimant from Franklin County was awarded SSD benefits without a hearing after the claimant received a favorable on-the-record decision. The claimant suffered from severe and uncontrolled hypertension, as well as stage 1 kidney disease resulting from an acute kidney injury caused by the uncontrolled hypertension. Due to the dangerously high uncontrolled blood pressure, the claimant experienced associated dizziness, headaches, weakness, fatigue and flushing. The claimant was repeatedly hospitalized due to the severity of the uncontrolled blood pressure, which remained severely uncontrolled despite an increase in medication. The claimant also suffered from significant posttraumatic stress disorder stemming from childhood sexual abuse. Despite taking medications and attending therapy, the claimant continued to exhibit extreme anxiety and bouts of severe depression.
SSI and SSD benefits awarded to a 38 year old claimant from York County. The claimant was involved in a motor vehicle accident where the claimant's vehicle was hit from behind. The claimant sustained a herniated disc, causing the claimant to experience chronic and worsening lower back pain. The claimant also suffered from a long history of anxiety and panic attacks, which were under control until the car accident. After the accident, the claimant began to experience increased panic attacks and symptoms of major depressive disorder.
SSI and SSD benefits awarded to a 47 year old claimant from Kennebec County. As a child, the claimant had been the subject of significant physical and mental abuse. Consequently, the claimant suffered from symptoms of severe depressive disorder, including anhedonia, decreased energy, suicidal thoughts, concentration problems, and poor motivation. The claimant was hospitalized on several occasions for severe depression.
SSI and SSD benefits awarded to a 37 year old claimant from Oxford County. The claimant was a veteran who served in combat in Iraq. While on active duty, the claimant sustained multiple injuries, including a traumatic brain injury caused by an explosion 50 meters from the claimant's position. In a second explosion, the claimant was thrown against a metal wall. As a result of the serious injuries sustained in these explosions, the claimant suffers from cognitive and memory deficits, post traumatic stress disorder, tinnitus, and post-traumatic migraine headaches. The claimant was subsequently discharged from the military due to disability and the VA ultimately found the claimant to be 100% disabled.
SSI and SSD benefits awarded to a 33 year old claimant from Oxford County. After sustaining a work-related back injury, the claimant was unable to perform the required job duties and was subsequently terminated. Despite conservative treatment including osteopathic manipulations, neuromuscular massage therapy, injections, and pain medications, the claimant continued to suffer from debilitating back pain with lower extremity neuropathy. In addition, the claimant suffered from extreme obesity which compounded the claimant's back and neurological impairments.
SSI benefits awarded to a 47 year old claimant from Waldo County who was the subject of physical and verbal abuse as a child. The claimant suffered from severe mental impairments that resulted in numerous hospitalizations. The claimant experienced racing thoughts, suicidal ideation, mania, auditory hallucinations, and anxiety.
SSI benefits awarded to a 21 year old claimant from Hancock County. The claimant had been receiving mental health treatment since the age of 5, and had problems with oppositional defiant disorder at home and in school. The claimant grew up in a dysfunctional home, and many of the claimant's family members also suffered from various mental health disorders. After being hospitalized at the age of 5 for mental health problems, the claimant began treatment with a therapist. Despite treatment, however, the claimant continued to have problems with activities of daily living and needed constant reminders to bathe, eat, clean up, and take medication.
SSI and SSD benefits awarded to a 31 year old claimant from Knox County who suffered from severe degenerative disc disease with facet arthropathy. The claimant tried physical therapy, received treatment from a physiatrist, underwent trigger point injections, and took muscle relaxants and pain medication without any relief. In addition, the claimant suffered from numerous mental health conditions including depression, anxiety, posttraumatic stress disorder, panic disorder with agoraphobia, bipolar disorder, and attention deficit disorder.
SSI and SSD benefits awarded to a 39 year old claimant from Oxford County. The claimant suffered from constant severe body aches and was subsequently diagnosed with all 18 of the fibromyalgia tender points. In addition, the claimant suffered from poor sleep, depression, anxiety, and problems with concentration and memory as a result of witnessing domestic violence and being the victim of sexual abuse as a child.
SSD benefits awarded to a 50 year old claimant from Oxford County. As a result of a work-related accident, the claimant suffered from significant right knee pain and instability and was diagnosed with degenerative joint disease and osteoarthritis of the knee. Due to the pain and instability, the claimant was heavily reliant on the claimant's spouse for help with the majority of normal activities of daily living.
The above settlements and awards are a small sampling of the results that have been achieved at the Law Offices of Joe Bornstein. The results vary on each case depending upon the facts and circumstances of the accident and injury. Oftentimes, the recovery is limited by the available insurance coverage. Past results are no guarantee of the results that can be obtained on future claims handled by the Law Offices of Joe Bornstein.
Since 1974, the Law Offices of Joe Bornstein has successfully represented over 25,000 Mainers and collected well over $300 million in settlements and benefits for injured and disabled Mainers.