• Spinal Cord Injury 
• Traumatic Brain Injury
• Slip & Fall/Premises Liability 
• Construction/On the Job Accidents 
• Dog/Animal Bites
• Insurance Claims
• Vehicle Accidents
  • Automobile Accidents
  • Bicycle Accidents
  • Boat Accidents
  • Motorcycle Accidents
  • Train Accidents
  • SUV Rollover Accidents
• Defective Products/Products Liability
• Wrongful Death

Securing Exceptional Verdicts and Settlements:
Briggs & Counsel has successfully secured outstanding settlements for thousands of clients. The following is a roster of a few of their exceptional results:

Undiagnosed Spinal Abscess: A 68-year-old woman went into the hospital for a broken right ankle. The doctor operated, installed a plate and screws and put her ankle in a cast. She returned to the hospital with a post-operative infection. During this hospitalization, she developed a spinal abscess which the doctors failed to diagnose until after she became paralyzed below her waist. She received compensation of $1.7 million.

Highway Collision: An operator of a leased vehicle drifted over the centerline and caused a head-on collision at 50 M.P.H. with a vehicle operated by a 37-year-old social worker. She suffered a number of injuries, including a closed head injury rendering her unable to continue working. The leasing company settled for $750,000.

Chronic Pain Syndrome: A 26-year-old dry-waller walking to his work site in a paper mill fell approximately three feet into an unguarded drain hole. Thereafter, he developed chronic pain syndrome in his low back. A jury awarded him $675,000 for his injuries and his wife $50,000 for loss of consortium.

"Our firm has the knowledge and professionalism that come with many years of service.  Our clients know there is no substitute for experience."

 

- Rockport, Maine Personal Injury Attorney Don Briggs

If you or someone you know in Rockport, or throughout Maine, needs the assistance of an experienced Maine personal injury lawyer, contact Briggs & Counsel today at 866-767-3026, or complete the contact form provided on this site to schedule your free consultation.

Practice Areas and Legal Definitions

Medical Malpractice:
Medical malpractice is the failure of a health care provider to follow the accepted standards of practice of his or her profession in the community where the service is rendered. If a physician was careless, lacked proper skills or disregarded standardized rules resulting in injury to a patient, a jury may find the health care provider liable for negligence. Hospitals can also be held liable for the negligence of their employees, including staff nurses and technicians.

Examples of Medical Malpractice include:

• Failing to diagnose a tumor while reading an x-ray
• Puncturing a nearby organ or tissue during surgery
• Failing to order necessary and appropriate medical tests
• Failing to diagnose a condition in time to treat it properly
• Failing to refer a case to a medical specialist
• Prescribing incorrect medication
• Brain Injury
• Birth Injury
• Cerebral Palsy
• Incorrect diagnosis that results in a failure to treat a medical condition
• Failing to properly administer anesthesia
• Emergency room negligence
• Dental Malpractice
• Cosmetic Surgery Malpractice

• Birth Injury: Birth injury malpractice is the failure of an obstetrician to properly perform his or her duties; i.e. failure to administer blood tests to detect abnormalities that can result in death or serious injury to both the mother and fetus.  If you have been injured because of improper medical care you may have a claim against the obstetrician/gynecologist who treated you.  However, statutes of limitations bar the filing of claims after a certain period of time following the negligent act.
• Cerebral Palsy: Cerebral palsy is permanent brain injuries that affect an infant in the womb, during birth, or in the months following birth and is one of the most common birth injuries in the United States.  Cerebral palsy patients are subject to limited motor skills, speech difficulties and learning disabilities.  When cerebral palsy occurs as the result of medical malpractice, the responsible party inflicting said injuries can be held legally responsible.  Examples of medical malpractice during delivery include leaving the baby in the birth canal too long resulting in oxygen deprivation, and/or failing to perform or delaying a necessary C-section.
• Anesthesia Negligence: Medical malpractice injuries can occur when anesthesia is improperly given or not given in a timely manner to a patient during a surgical procedure. If the failure of the anesthesiologist is the cause of injury or death to a patient, damages may be recoverable under the laws of medical malpractice.

Spinal Cord Injury:
Spinal cord injury (SCI) occurs when the nerves within the spinal canal are damaged.  Most SCI's are caused by trauma to the vertebral column, affecting the spinal cord's ability to send and receive messages between the brain and the body's systems that control sensory, motor and autonomic function.  Motor vehicle accidents are the leading cause of SCI, followed by acts of violence, falls, sports injuries and diseases such as polio, spina bifida and Friedreich’s Ataxia.  The spinal cord does not have to be severed in order for a loss of functioning to occur. In fact, in most people with SCI, the spinal cord is intact, but the damage to it results in loss of functioning.   

Traumatic Brain Injury:
Traumatic brain injury (TBI) is a medical phrase used to describe the damage to the brain suffered by sudden impact or physical force to the head.  Essentially, the human brain floats in a fluid substance called cerebrospinal fluid.  TBI can result when the force of momentum causes the brain to impact against the skull.  This type of injury, often the result of hitting your head on the windshield, pavement or object, is frequently referred to as a “closed head injury.”  Whiplash can also cause TBI.  These closed head injuries can result in lasting physical and mental problems.

Slip and Fall/Premises Liability:
Slip and fall accidents can happen anywhere and can cause serious personal injury.  Most slip and falls happen in commercial settings, such as grocery stores, drug stores, office buildings, construction sites, gas stations and malls, but they also happen on private property.  Premises Liability accidents can include toxic exposure, animal attacks, swimming pool accidents and amusement park ride accidents.  In any event, there exist duties on the part of the property owners to maintain the property responsibly and avoid the existence of hazardous conditions.

Dangerous or defective conditions may be large or small, temporary or permanent.  Therefore, investigation of the claim is essential to a successful case.  Temporary conditions such as water on the floor of a grocery store, or snow and ice on the stairs of a restaurant need to be investigated quickly.

Construction/ On-the-Job Accidents:
Construction labor makes up one of the three most dangerous occupations in the United States today; each year producing thousands of debilitating injuries and wrongful deaths.  Factors that contribute to construction accidents include workers lifting loads with worn and weathered cables, working on elevated platforms without fall protection or wearing defective safety harnesses and lanyards, and/or working in trenches with improper benching and using outdated tools and equipment.  Farming and manufacturing accidents, as well as the oil and gas industry accidents can also cause serious injury and toxic exposure.

• Toxic Exposure: Due to the tremendous growth of corporate industry in the United States over the past fifty years, the number of dangerous, toxic substances in the environment has grown significantly.  Some toxic substances are shown to cause substantial injury to people, such as lead-based paint (linked to brain damage, especially in children), asbestos (linked to lung cancer and restrictive lung disease), dry cleaning and other solvents (linked to brain damage and major organ damage), pesticides such as dioxin and DDT (linked to birth injuries) and toxic landfill waste (linked to leukemia).

Dog/Animal Bites:
Every year, millions of Americans are bitten by animals.  Being attacked by a dog is an extremely stressful event. Many dog bite injuries leave scars and have lasting emotional effects.  In every state, a dog owner is liable for bites to people inflicted viciously by a dog that previously bit a person viciously, or that were inflicted pursuant to the command of the dog owner.

In almost all states, a bite victim can recover compensation from a person whose negligence caused the attack and from a person who violated a leash law, a trespass law applicable to dogs or other dog safety laws.  The owner or keeper of a dog is strictly liable for his or her dog, even if it is the first time the dog has injured someone.  As long as the injured victim was not trespassing, teasing or tormenting the dog, the keeper or owner of the dog is liable for any injuries sustained.  Compensation for a dog bite can include payment for medical bills, pain & suffering, mental anxiety, fear and scarring.

Insurance Claims:
Insurance claims are a notice for reimbursement from an insurance company when the insured has suffered a loss that is covered under the insurance policy. Insurance companies cannot refuse to pay a customer's claim without "reasonable justification."  This means that an insurance company must engage in a reasonable investigation and pay legitimate claims in a timely manner.  If an insurance company fails to handle its customer's claim properly, it may be held accountable for resulting economic losses, including lost wages, interest on money the insured borrowed to cover expenses while insurance benefits were wrongfully withheld, and loss due to damaged credit.

Defective Products in Airplanes, Helicopters and Other Aviation Equipment:
Products liability refers to a manufacturer or seller being held liable for placing a defective product into the general stream of use and commerce.  Products liability cases may include defective or poorly designed machinery, tools, airline vehicle defects, airplane safety devices, emergency equipment and other defective products and equipment.  A person injured by a defective or dangerous product may be eligible to file a lawsuit for products liability, and recover damages under one of the following categories: strict products liability, negligence, or breach of warranty.

Aviation products liability cases represent a unique hurdle for the person bringing a lawsuit because it is necessary to establish that the manufacturer could have used a reasonable, alternative design that would have prevented the victim’s injury or death.  In order to establish a reasonable, alternative design, the suing party will often need the testimony of an engineer or other expert to critique the manufacturer's design and to suggest the alternative design.

GARA, the General Aviation Revitalization Act of 1994, is designed to protect manufacturers of smaller, private aircraft (less than 20 seats) from accident liability involving older airplanes and/or parts.  GARA bars lawsuits against the manufacturer of an aircraft or component part once that item has been in service for 18 years.  GARA does not apply if the aircraft was engaged in scheduled passenger carrying, or involved in air medical service operations at the time of the accident.

• admiralty and maritime law
• ATV accidents
• automobile accidents
• aviation accidents
• bicycle accidents
• boating accidents
• commercial bus accidents
• cruise ship accidents
• intersection accidents
• motorcycle accidents
• pedestrian accidents
• rear end collisions
• semi-tractor trailer accidents
• school bus accidents
• SUV rollover accidents
• train accidents
• truck accidents
• yacht accidents

The surviving family members of a fatally injured accident victim may be able to bring wrongful death charges against the defendant.

 The Jones Act which pertains to maritime law can also cover inland river workers and offshore workers, as well as divers and underwater personnel.  The Jones Act is not workers' compensation law so any injury sustained as a result of employer negligence must be proven in order to receive compensation.  The statute of limitations for a maritime law injury suit is three years.

Automobile Accidents:
A car accident is a collision involving an automobile and anything that causes damage to the automobile, including other automobiles, telephone poles, buildings and trees. Sometimes a car accident may also refer to an automobile striking a human or animal. Car accidents — also called traffic collisions, auto accidents, road accidents, personal injury collisions, motor vehicle accidents and crashes — kill an estimated 1.2 million people worldwide each year, and injure about forty times this number.

Bicycle Accidents:
According to the Federal Highway Administration, over 67,000 cyclists in the U.S. are injured every year in accidents involving motor vehicles.  Many cyclists who are injured in bicycle accidents are unaware that they have a personal injury case and that they may be entitled to compensation for injuries, pain and suffering, medical bills and lost incomes.  A cyclist may be entitled to receive compensation for an injury sustained because of a pothole, poor road or defective sidewalk.  There are state mandated residential and commercial bicycle laws, which entitle cyclists to observe different traffic rules than cars, trucks and other motorized vehicles.  This may mean that the cyclist is not legally responsible for an accident. 

Motorcycle Accidents:
Motorcycle riders are often exposed to dangers not met by automobile drivers and other motorists on the road.  The lack on any substantial protective barriers, as well as the difficulty that other motorists may have in seeing or stopping for a motorcycle, leaves riders prone to serious personal injury in the event of an accident.

Defective Products:
Products liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer.  Products liability cases may include defective or poorly designed machinery, tools, motor vehicle defects, recreational products, pharmaceuticals and other defective products and equipment.  A person injured by a defective or dangerous product may be eligible to file a lawsuit for product liability.  Damages can be recovered under one of the following categories:  strict products liability; negligence or breach of warranty.   

Workers' Compensation:
Workers' compensation is insurance that an employer is required by law to carry in case an employee is injured on the job or becomes ill, temporarily or permanently disabled, or fatally injured due to circumstances surrounding his or her job.  Although workers' compensation laws vary from state to state, covered medical care generally includes: medical, surgical and hospital services; dental services; crutches; hearing aids; chiropractic treatment; physical therapy; nursing care and prescribed medications.  Additional monetary compensation may be provided if an injured employee is temporarily unable to work for more than a certain number of calendar days set by state law, hospitalized as an in-patient, or becomes permanently disabled due to a job-related injury or illness.  The right to receive medical treatment at the employer's expense typically continues as long as treatment is reasonable and necessary to treat the injury. 

Wrongful Death:
A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company or organization.  A legal action for wrongful death belongs to the decedent's immediate family members, usually a surviving spouse and children, and sometimes parents.  Under certain circumstances, unrelated minor children living with and supported by the decedent may also bring a claim for wrongful death.  In order to bring a successful wrongful death cause of action, the following elements must be present:

• The death of a human being caused by another's negligent or intentional conduct.
• The survival of family members who are suffering the loss of financial support, love, care, comfort, supervision, guidance, household assistance and general society previously provided by the deceased.

The general rule in wrongful death cases is that one is entitled to recover both economic and non-economic damages which are suffered as a result of the loss of a loved one.  Economic damages in a wrongful death case include an award for the financial contributions which the decedent would have made to his or her spouse, children and/or parents had he or she survived.  It also includes the recovery for funeral service expenses in memory of the decedent and for burial cost.  Non-economic damages include loss of love, society, companionship, comfort, affection, solace or moral support.

If you or someone you know in Rockport, or throughout Maine, needs the assistance of an experienced personal injury lawyer, contact Briggs & Counsel today at 866-767-3026, or complete the contact form provided on this site to schedule your free consultation.

Briggs & Counsel places top priority on representing clients vigorously and ethically to achieve the best results possible. There is never a fee for the initial consultation on a personal injury matter. For the convenience of clients, Briggs & Counsel makes every effort to accommodate disabled, ill, or otherwise disadvantaged clients, including those who need the flexibility of a consultation in their own home or place of business.

If you or someone you know in Rockport, or throughout Maine, needs the assistance of an experienced personal injury lawyer, contact Briggs & Counsel today at 866-767-3026, or complete the contact form provided on this site to schedule your free consultation.

FIRM ADDRESS:
Briggs & Counsel
815 Commercial Street
Rockport, ME. 04856
Phone: 866-767-3026

Free Initial Consultations.
Available for home and hospital visits, including during evening and weekend hours.

MEMBERS OF THE FIRM:

C. Donald Briggs, III
 
Don Briggs began practicing in mid-coast Maine in 1988, after working for nine years in personal injury law firms in Boston and Worcester. Attorney Briggs has handled thousands of cases in his career. He specializes in helping victims of car accidents, medical malpractice and other personal injury negligence cases.

PRACTICE HIGHLIGHTS:

• Board Certified Civil Trial Advocate
• Member of the Board of Governors of the Maine Trial Lawyers Association
• Member of the Million Dollar Advocates Forum
• Past Editor of Maine Verdicts.
• Recognized as an Advocate by the National College of Trial Advocacy
• Member of the ATLA Professional Negligence Section
• Member of the ATLA Medical Negligence Information Exchange Group

• Suffolk University Law School, Boston, Massachusetts, 1979, J.D.
  • Honors: Cum Laude
  • Honors: Class Rank: 9 out of 302
  • Honors: Dean's List: 1976-1977, 1977-1978, 1978-1979
  • Honors: American Jurisprudence Award for Excellence in the Study of Equity
  • Law Journal: Managing Editor, Suffolk Transnational Law Journal
• College of the Holy Cross, Worcester, Massachusetts, 1976, A.B.
  • Honors: Class Rank: 137 out of 600
  • Honors: Dean's List: 1972-1973, 1973-1974, 1974-1975
  • Honors: Phi Alpha Theta (History Honor Society)
  • Major: History

• State of Maine, 1989
• U.S. District Court District of Maine, 1989
• State of Massachusetts, 1979
• U.S. District Court District of Massachusetts, 1980
• U.S. Court of Appeals 1st Circuit, 1980

• Association of Trial Lawyers of America
• ATLA Professional Negligence Section
• ATLA Medical Negligence Information Exchange Group
• Maine Trial Lawyers Association
• Board of Governors of the Maine Trial Lawyers Association
• Maine State Bar Association
• Knox County Bar Association
• Million Dollar Advocates Forum
• Superior Court Committee on Rules of Procedure for Medical Malpractice Screening
• ATLA State Delegate
• President Knox County Bar Association
• President Elect Maine Trial Lawyers Association

PANELS:

• National College of Advocacy, Advocate
• Maine Verdicts, past editor
• Maine State Board of Bar Examiners
• National Association of Personal Injury Lawyers
• Litigation Advisory Board
• Academy of Catastrophic Injury Attorneys

PUBLISHED REPRESENTATIVE CASES:

• Irish v. Gimbel , 2000 ME 2, 743 A.2d 736 (Me. 2000)
• Irish v. Gimbel , 1997 ME 50, 691 A.2d 664 (Me. 1997)
• Simon v. Navon , 71 F.3d 9 (1st Cir. 1995)
• Sullivan v. Johnson , 628 A.2d 653 (Me. 1993)
• Fowler v. Boise Cascade , 948 F.2d 49 (1st Cir. 1991)

Alison Wholey Mynick

Alison Mynick began practicing law in Maine in 2004, after working for 12 years in personal injury law firms in New Jersey. Alison has participated in multi-million dollar verdicts and settlements on behalf of patients and their families, drawing on her experience as a Registered Nurse. Being a Registered Nurse as well as an attorney gives her clients the advantage in the research and understanding necessary to prove the seriousness of their injuries from car accidents, medical malpractice and other personal injury negligence cases.

EDUCATION:

• Yeshiva University, Benjamin N. Cardozo School of Law, New York, N.Y. 1986, J.D.
  • Clerkship: Law Clerk to Hon. John W. Devine, U.S. Magistrate Judge, 1986-1988
  • Internship: United States District Court, District of New Jersey, 1985-1986
  • Internship: New Jersey Department of Public Advocate, 1984
  • Teaching Assistant: Legal Writing, 1987, Benjamin N. Cardozo School of Law

• University of Massachusetts, Lowell, Massachusetts, 1977,
  • Bachelor of Science (Nursing)

CERTIFICATIONS/SPECIALTIES:

• Registered Nurse, State of Maine
• Certified Guardian Ad Litem, Maine Supreme Judicial Court

BAR ADMISSION:

• State of Maine, 2004
• State of Pennsylvania, 1986
• State of New Jersey, 1986
• United States District Court, District of New Jersey, 1986
• United States Court of Appeals, Third Circuit, 1989
• United States Court of Claims, 1990

PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS:

• Joseph Halpern Inns of Court
• Association of Trial Lawyers of America
• Maine Trial Lawyers Association
• Maine State Bar Association
• Knox County Bar Association

COMMUNITY SERVICE:

• Maine Volunteer Lawyers Project
• St. George Elementary School PTA
• Volunteer School Nurse