Earner & Weaver | Injury Attorneys
Every year hundreds of thousands of Massachusetts residents travel to Maine to enjoy the beaches, mountains, and outdoor activities. Unfortunately, the increase in traffic often means increases in dangerous situations and crashes. This is especially true during the first 20 miles on Interstate 95 through Kittery, York and Ogunquit.
We have found that more and more drivers are distracted behind the wheel and fail to pay attention to traffic and changing patterns, often rear-ending or side swiping other travelers on the road causing injury.
At Earner & Weaver we help with all aspects of motor vehicle injury claims for out of state residents. It is important that anyone injured in Maine, work with a Maine law firm, even if the other at-fault diver was from their own state. If an accident happened in Maine, then Maine laws apply to the entire claim, including any potential law suit.
We enjoy working with Massachusetts residents and even have attorneys living and working in both Maine and Massachusetts, so you will have the benefit of a local lawyer to answer your questions and manage your case, and the expertise of a Maine attorney to advocate on your behalf. If the situation escalated to a law suit, then both lawyers on the case sit side by side and bring the case to trial.
We know this is a critical time for you and your family. It’s scary, what’s next is often unknown, and you aren’t sure who to trust. Well, you can trust us.
We offer (for free) to everyone injured in the state, a no obligation consultation where we will review your case, explain all your rights and options to you, and help you make the best decision on how to proceed with your situation.
I was lost when I got into my accident. Everything I worked so hard for was gone and I didn’t have the money to get back on my feet. Michael was a godsend. With his advice and help I was able to pick myself back up and get what was rightfully mine. I cannot say how grateful I am Michael, thank you, thank you so much for helping me and my family.Olivia (York)
How much time do I have to file a claim?
In Maine you generally have up to six years from the date of the accident. However, that window can be shorter if your accident was with a state or local vehicle or one owned by the federal government. The timeline also shifts if you were working at the time of the accident, depending on specific circumstances. We believe it is always best to talk to a lawyer about your specific case to make sure you do not lose any of your rights.
Who can I file a claim against?
Under Maine law, an at-fault driver must cover the costs of the other driver’s medical expenses and all damages caused in the accident. This means that Maine accidents have a few options if you are hit by someone else, you can file a claim:
- Under your own insurance policy; or
- File a personal injury lawsuit against the driver who you; or
- File a claim directly with the at-fault driver’s insurance company.
I asked Mr.Earner for some advice on how to handle a problem that I was having. He not only gave me the advice that I need he went above and beyond and walk hand and hand with me through the whole thing. I would definitely recommend Mr.Earner to anyone that is look for legal help and I’m so glad I have him on my side.Lenny (Kittery)
How do you decide who is at fault in an accident?
There are a few situations that may presumably result in“fault” and create clear liability. When one of the following situations occur,the person “at fault” must show clear evidence that there were other circumstances that contributed in order to reduce their liability.
These 21 scenarios almost always establish fault:
- Hitting a pedestrian
- Hitting a Parked Vehicle
- Rear End Collision
- Out of Lane Collision
- Failure to Signal
- Driving Under the Influence
- Failure to Proceed with Caution from a Traffic Control Device
- Collision on Wrong Side of Road
- Driving in the Wrong Direction
- Collision at an Uncontrolled Intersection
- Collision While Backing Up
- Collision While Making a Left Turn or U-Turn
- Crash When Entering Roadway from a Parking, Lot, Alley or Driveway
- Opened or Opening Vehicle Door
- Collision with Immovable Object
- Failure to Obey the Rules and Regulations for Driving
- Unattended Vehicle Collision
- Collision While Entering a Highway or Traffic Circle
- Non-Contact Operator Causing Collision
- Failure to Yield the Right of Way to Emergency Vehicles
- Collision at a”T” Intersection
Keep In Mind The Courts Make The Final Fault Decision
You have the right to disagree with any fault determination and the appeal the decision as a matter of course. Every single insurance company has a mechanism for you to appeal and state your position as well as offer evidence of why you believe the fault determination to be incorrect.
Sometimes you (or often the insurance company) can hire an objective third-party mediator listen to your appeal and make a final decision based on all of the evidence. However, once you do that, you typically waive your right to a trial and now need to recognize the decision as final. At Earner & Weaver, we will take your case to court, if necessary. The court is the great equalizer in America. We don’t back down until the other party agrees to do what is right. If you are having problems with fault issues, you should always contact a lawyer.
I first reached out to Mike after I had problems with an insurance company not paying for what they should. Within a week we had a plan together and had a letter out to the company explaining why they were wrong and what they needed to do to make it right. They responded about a week later and agreed to make it right. His knowledge of the law and ability to get people to do what is right is awesome. There is nobody I would recommend more.Mark (Sanford)
Who you work with matters.
Who will I be working with at your firm?
In Maine, you will be working directly with Attorney Michael Earner. Attorney Earner is a founding member of the firm. He is in charge of the day-to-day operations and ensuring that clients are properly cared for.
Michael has always had a passion for helping people and always seeks out opportunity to serve others. When Michael was in his early 20’s, he answered a call to give back by joining the US Army shortly after September 11, 2001.
Michael was injured during a combat patrol in Afghanistan and he opted to undergo an early, honorable, medical discharge from the military. He is now a disabled veteran rated at 100%.
Michael decided to continue his service to others as a lawyer and used his GI Bill to go to law school. In Maine, Michael is involved in his community as a Freemason (Raised in Naval Lodge #184), he also serves as an Assistant Scoutmaster in the Boy Scouts of America and he can be found working with youth as a sports coach on football, soccer and lacrosse fields around the Southern Maine.
Michael has earned five college degrees including two undergraduate (A.S, B.A.) and three graduate degrees (J.D., L.L.M., M.B.A) and has completed additional graduate coursework at Massachusetts Institute of Technology and Cornell University. Most people would describe Michael as exactly the type of attorney you want working on your side. He is smart, he is tough, he stands for what is right, and he is also very down to earth, easy to work with, and really easy to talk to.
Your Massachusetts Attorney
In Massachusetts, you will work with Attorney Dan Cote (pronounced coat-E). Dan is a partner at Earner & Weaver and a passionate advocate for injured people. When you speak with Dan for even a few minutes, it’s impossible to ignore his energy.
His enthusiasm comes both from his roles as Attorney, father and partner at Earner & Weaver, and, more importantly, his passion for people.
When it comes to his clients, he is a lawyer whose sole focus is on fighting for his client’s rights. Dan cannot tolerate a world where hard working men and women are not treated fairly by the legal system.
Dan was taught the importance of the right way to earn respect at a young age by his family. Throughout his life, he’s seen firsthand how people in power take advantage of honest, hard working men and women. Dan is thankful the skills his education and experience have helped develop. He believes he is obligated to use these skills to fight for those of us who are stepped on and bullied. This uncompromising integrity and commitment to clients has allowed him to help hundreds of Massachusetts injury victims. Practicing law is more than just verdicts and settlements— Dan fights for true change. He works to make sure that his clients’ rights — and the rights of others — are protected for years to come. In each cases he handles, Dan demonstrates a commitment to pursuing justice for us all.
For example, Dan once represented an injured carpenter who was denied benefits on the grounds that he was a sub-contractor and not an employee of the company.
The carpenter initially lost his case. Dan could not imagine giving up on his client. He helped face the challenge by appealing to the Massachusetts Supreme Judicial Court, the highest court in the state, where he won. Dan’s efforts not only got the Carpenter the benefits he needed to care for his family, but also expanded the coverage of the workers’ compensation law to protect more of men and women who work in Massachusetts.
Attorney Earner helped me with a legal issue that I didn’t expect to be in and that caused a lot of immediate stress and potential hardship for me and my family. He got involved immediately and within a few days I knew everything was going to be ok. He completely resolved the issue for me and it turned out exactly the way I had hoped. He will always be my first call and I recommend anyone in Eliot or anywhere in York county do the same.Megan (Eliot)
I Need Help, How Do I Get Started
The best way to get started is to simply give us a call. We have a pretty easy to remember phone number: 877-8MaineLaw. You can call any time, day or night. If we can’t answer, you will get a call back very quickly. If you prefer that we call you first, you can simply fill out a form on the right side of the screen and we will contact you shortly.
Looking for more info? Check out this article on 7 things you should do after a motor vehicle accident.