Maine Personal Injury, Criminal Law & Medical Malpractice Lawyers

Smith Elliott Smith & Garmey, P.A.

199 Main Street
Saco, Maine 04072
USA

(866) 767-4359

(207) 283-4412

www.sesgattorneys.com

Send an E-mail

Law Firm Overview

Smith Elliott Smith & Garmey, P.A. was established in 1945 by Charles W. Smith. He is determined to give back to the community that had a hand in raising him. Soon, his reputation spread beyond state lines. Charlie was an aggressive trial lawyer whose long, lanky frame towered over his opponents. However, while he stood at 6’4” tall, his integrity stood taller. By the time Charlie ended his career he had become an internationally recognized attorney who won a case in the United States Supreme Court. He is remembered as a gentle man, a tenacious, articulate lawyer and a compassionate friend. His colleagues take pride in the strong moral code he instilled in the firm over sixty years ago, and strive to follow his example with every client they serve.

Today, Smith Elliott Smith & Garmey has matured under the long and comforting shadow of Charlie Smith. It has blossomed from a one-man practice into a firm of thirteen lawyers and twenty-one staff members. Currently the firm occupies offices in both Portland and Saco, Maine, and represents clients in Maine, Massachusetts, New Hampshire, New England and beyond. In addition to being one of the top Maine firms specializing in the areas of medical malpractice, product liability, personal injury and business transactions, Smith Elliott Smith & Garmey is composed of a team of mediators, arbitrators and highly skilled, experienced litigators with expertise in probate, criminal, corporate, real estate, employment and municipal law. With the help of an extensive network of nationally recognized experts and years of experience both in the courtroom and at the negotiating table, Smith Elliott Smith & Garmey has enjoyed a long legacy of client satisfaction.

The dedication, strength and efficiency of the Smith Elliott Smith & Garmey team has attracted national attention. The firm’s lawyers have made appearances on Good Morning America, The Today Show, The Early Show, MSNBC, 48 Hours and have been invited to speak at national conventions such as the Association of Trial Lawyers and American Bar Association National Meetings. Smith Elliott Smith & Garmey also includes members of the prestigious American Board of Trial Advocates, the Board of Governors of the Maine Trial Lawyers Association, the Board of Governors of the Maine State Bar Association, the American College of Trial Lawyers, as well as a lawyer designated among the top 500 in the country by the International Academy of Trial Lawyers and another named among the Best Lawyers in America since 1996.

However, despite its national attention and big city capabilities, Smith Elliott Smith & Garmey remains just a small town business, deeply rooted in the community of Saco and Portland. Even with hectic schedules, attorneys at Smith Elliott Smith & Garmey do not hesitate to accept pro-bono work. The firm is currently involved in numerous charities and community groups such as the Maine Volunteer Lawyers for the Arts, various municipal boards, the Biddeford-Saco Chamber of Commerce, the Biddeford-Saco Rotary Club, Preble Street and the YMCA. Throughout the years Smith Elliott Smith & Garmey has sponsored numerous local golf tournaments to raise money for the Red Cross, Counseling Services, Inc., Northern York County YMCA and the Chamber of Commerce. In 1997 Smith Elliott Smith & Garmey was awarded the Counseling Services, Inc. Presidential Award for its participation in the “Drive Against Child Abuse” benefit golf tournament. The firm’s local involvement is reflected in the core values passed on by Charles Smith.

Charlie Smith would be proud of the group of skilled, ethical lawyers that currently compose the Smith Elliott Smith & Garmey team. The firm’s attorneys remain dedicated to achieving the goal Charlie aimed for over sixty years ago: to provide each client with diligent representation and the personal attention they deserve.

Year this Office was Established: 1945

Practice Areas

Smith, Elliott, Smith & Garney provides legal representation and services in the following areas of practice:

- Personal Injury

A personal injury lawsuit is one in which one party, a plaintiff, seeks compensation for an injury which occurred as a result of the defendant's negligence, or failure to exercise proper or ordinary care. Usually the person being sued has insurance and the insurance company provides him or her with an attorney. In personal injury cases, it is the duty of the plaintiff to prove that the defendant's conduct fell below the accepted standard of behavior. When an agreeable compromise cannot be reached, the courtroom is the next and final step in settling a dispute. When a verdict is rendered and appellate rights are exhausted, litigation ends. The prevailing party is granted authority to collect damages or receive other remedies from the losing party. Damages are awarded to restore an injured party to the position that he or she was in before being harmed. Two major categories of damages are recognized. Compensatory damages include lost profits, wages and medical expenses, compensation for physical or mental pain and suffering and compensation for permanent injury and loss of enjoyment of life. Punitive damages are very rare and only awarded for maliciously caused injury and serve as a deterrent to others who might otherwise conduct themselves in the same malicious fashion. Smith Elliott Smith & Garmey has expertise prosecuting medical malpractice, defective products liability and general negligence personal injury cases.

- Arbitration and Mediation

Mediation is a non-binding process in which the parties resolve their own disputes with the help of a neutral third party before going to trial. Because mediation is non-binding, the mediator does not make decisions about the outcome of the case or any issues presented. The mediator helps the parties talk through the dispute and negotiate a settlement that is a better alternative for the parties than going forward with the risk, uncertainties and costs of going to trial. Because mediation is required in Maine in most cases filed in Superior Court, it has become a very important part of handling cases and achieving a faster and more cost-effective resolutions to disputes.

In arbitration, unlike mediation, the arbitrator renders a final and binding decision that is enforceable by the courts. Arbitration is generally less expensive and less time consuming than litigation in the courts, but still gives the parties the same type of final, binding decision that they would obtain if they went all the way through the court process.

Smith Elliott Smith & Garmey's attorneys have earned a reputation as skillful, effective mediators who are frequently successful in achieving satisfactory resolutions between opposing parties. They are known and respected for being fair to all parties and their willingness to be persistent and work hard to resolve even the most difficult and complex cases. They have successfully mediated a wide variety of cases, including business, construction, employment, insurance, personal injury, medical malpractice, probate and real estate. Because of their extensive litigation experience and recognition for being impartial, they are frequently asked to serve as an arbitrator by other lawyers.

- Business Organizations

It is important to seek legal council when establishing a corporation. One of the most important decisions you'll make involves exactly what type of business entity best serves your business needs. Smith Elliott Smith & Garmey has over sixty years of experience serving businesses and agencies in Maine, New Hampshire and Massachusetts by providing services in business formation, dissolution, mergers and acquisitions. Smith Elliott Smith & Garmey is also skilled at helping clients find creative ways to finance their corporations.

- Civil Litigation

Civil lawsuits comprise several areas of law, including Commercial Litigation, Corporate Law, Employment Law, General Negligence, Medical Malpractice, Personal Injury and Products Liability cases. Generally, when one party has committed a wrong-doing, excluding criminal matters which fall under a different category, the parties try to reach an agreeable compromise. When an agreeable compromise cannot be reached, the courtroom is the next and final step in settling a dispute. One party files a Complaint with the court which initiates the ‘discovery’ process where the other party responds to the Complaint and both sides have the opportunity to collect information from the other, whether through requests for documents or depositions. Once all of the necessary information is gathered, a trial date is set. A trial can be held with or without a jury. When a verdict is rendered and appellate rights are exhausted, litigation ends. The prevailing party is then granted authority to collect damages or receive other remedies from the losing party.

- Collections

Sometimes individuals or corporations are unable to collect a debt owed to them. Smith Elliott Smith & Garmey is well versed in the Fair Debt Collections Practice Act (FDCPA) and understand what a difficult task debt collection can be. In the past, the tenacious, aggressive attorneys at Smith Elliott Smith & Garmey have helped numerous clients recover debts that they had previously considered hopeless.

- Commercial Litigation

Commercial litigation involves disputes between individuals and a corporation or between two corporations and can involve a contract, a construction claim, a conflict concerning real estate or a dispute with a bank or within a family-owned company.

Smith Elliott Smith & Garmey has a successful commercial litigation team that frequently represents clients in cases involving:

* the purchase and sale of businesses and real estate
* contract disputes
* construction disputes

- Construction Law

Construction Law is a specialized area of contract law and litigation involving building and renovating residential and commercial properties. Negotiating and drafting construction contracts requires an understanding of the construction process being used and statutes such as the Maine Home Construction Contract Law, Mechanic's Lien Law and Construction Contract Payment Law.

Construction Litigation is complex and requires specialized expertise because of mechanic's liens, contractual and statutory warranties, building codes and the involvement of experts on construction standards and practices. Smith, Elliott, Smith & Garmey has that expertise from years of experience representing contractors, subcontractors and property owners. From working on a wide variety of cases ranging from construction site accidents to problems with mold development and remediation, the firm has developed a network of experts who have excellent credentials and are respected statewide.

- Contracts

Contracts are agreements between two or more persons or businesses that document an obligation to do, or refrain from doing, a particular thing. Some contracts are no more than a handshake, others are complex documents that serve as promises that the law will enforce. The courts do not write contracts, they only serve to enforce them. To contact the firm now call toll free 866-767-4359. In the past, attorneys at Smith Elliott Smith & Garmey have drafted contracts involving:

* Business transactions
* Real estate
* Employment services
* Purchase or sale of products or services
* Development
* Construction

- Corporate Law

Simply put, a corporation is a legal entity usually formed to operate a business. "Corporate Law" is a broad term referring to the formation and capitalization of corporations, executive compensation, relationships between managers and shareholders, acquisitions, taxation of the corporate enterprise, individual liability for corporate acts and the relationship of the corporation to society. Corporate law also addresses legal matters that concern the dissolution of a business. Smith Elliot Smith & Garmey's corporate law division provides a wide range of legal services from corporate mediation and litigation to assistance with business and financial transactions such as collections and contracts.

- Criminal Law

Criminal law refers to the violation of laws that are punishable by fines and/or imprisonment. Crimes are categorized as either felonies or misdemeanors depending on the nature of the violation and the maximum punishment that can be imposed. A misdemeanor is punishable by no more than one year in prison, whereas a felony is a more serious offense that is punishable by death or imprisonment for more than one year. In order to obtain a conviction, the government must prove beyond a reasonable doubt that the defendant committed an overt criminal act with criminal intent. In recent years, the Maine Legislature has passed many new laws which establish criminal conduct. The legislature has also made many motor vehicle infractions the subject of very severe penalties, including minimum mandatory jail sentences.

Smith Elliott Smith & Garmey is a criminal law team you can trust. The firm's attorneys have experience in federal, state and juvenile courts. They will work hard to provide you with fair, aggressive representation and with access to the firm's numerous legal resources your case will be processed as efficiently and fairly as possible.

- Employment

Employment Law concerns the legal relationship between employers and employees and addresses the legal concerns that arise from employee contracts. For example, employment law establishes a 40 hour work week, sets a minimum wage, regulates overtime compensation and imposes restrictions on child labor. Employment laws also protect against workplace discrimination and protect worker's benefits.

For over sixty years the attorneys at Smith Elliott Smith & Garmey have represented both sides of employee and employer work related cases. As a result, the firm's attorneys have a balanced knowledge of the law and a strong understanding of what is fair. They are dedicated to helping employees and employers both protect and defend their rights. If you find yourself on either side of workplace violation, the attorneys at Smith Elliott Smith & Garmey can help you evaluate the grounds of your case from the moment the initial complaint has been filed. The employment law team at Smith Elliott Smith & Garmey consists of highly skilled negotiators who can often help solve your conflict without ever entering a courtroom. If no reasonable compromise can be reached, the attorneys at Smith Elliott Smith & Garmey will fight to protect your rights in a quick, efficient and private manner.

The attorneys at Smith Elliott Smith & Garmey have experience in all of the following Employment Law areas:

* Sexual harassment
* Discrimination
* Wage / payroll
* Employment contracts
* Severance agreements
* Family medical leave
* Disabilities in the workplace (American Disabilities Act)
* Alternative Dispute Resolution

Employment Law also includes Discrimination and Sexual Harassment.

- Education Law

Education law refers to the area of law that specifically deals with schools, school systems and school boards charged with educating children. It encompasses all aspects of the school system including the duties of school districts, teacher's rights, suspension and expulsion of students, disabled students, dress codes, drugs and alcohol regulations and enforcement, searches and sexual harassment cases.

Every child has a right to a free public education, irrespective of any physical and/or mental impairment. Special education programs may require legal intervention on behalf of a child. Smith Elliott Smith & Garmey has years of experience dealing with these types of cases and has helped numerous students through this process.

- Estate Planning

Probate is the state's legal procedure designed to help distribute assets after an individual's death. Through the probate process the court identifies the rightful heirs of the decedent's property, the amount each beneficiary receives and facilitates the transfer of assets to the appropriate individuals. A probate proceeding can be a long and expensive process. By taking the time to develop an estate plan, however, a significant part of this expense and delay can be avoided.

With a proper plan you are able to preserve the value of your estate after your death, and pass as much of your estate on to your beneficiaries as possible. Such a plan may be a simple will designed to ensure an efficient, flexible passing of assets to your family, or it may be a more complex one intended to limit estate taxes and/or to provide for minor children or disabled loved ones. A properly prepared will or trust ensures that your ultimate wishes are implemented.

While most of the focus of estate planning is on wills and trusts, you should also consider giving a trusted individual your Power of Attorney for financial and/or medical purposes. Wills and many trusts generally deal with what happens after you die. Powers of Attorney help with the management of your assets during your lifetime even if you become disabled.

Smith Elliott Smith & Garmey has been providing estate planning and probate law services for over sixty years. The Smith Elliott Smith & Garmey estate planning practice is dedicated to not only making sure your goals are properly documented, but also strives to advise you on how to best preserve the value of your estate. In addition, we try to explain all of the methods available to help manage your assets if you are sick and unable to handle your affairs. We know how to protect your assets when you are no longer able to do so yourself.

- General Negligence

Negligence comes in many forms and refers to the absence of, or failure to exercise, proper or ordinary care. A negligent individual has a duty to compensate a victim for his negligence, even though he did not intend harm, provided that the harm could have been reasonably foreseen. For example, a drunk driver should anticipate that his car could severely injure or kill a driver or pedestrian lawfully on the road. Likewise, a ferris wheel operator should understand that his failure to secure a safety bar could lead to serious injury. Smith Elliott Smith & Garmey has successfully represented clients in general negligence cases involving everything from premises liability to motor vehicle accidents and has helped its clients earn seven figure verdicts and settlements.

- Medical Malpractice

Not every person who suffers a medical complication has a valid claim. Medical malpractice occurs only when a professional, such as a doctor, fails to provide proper or ordinary care to a patient or client. As in the case of a typical personal injury lawsuit, the plaintiff must prove that the defendant acted negligently. This requires the testimony of an expert witness. Smith Elliott Smith & Garmey has developed an extensive network of nationally recognized experts whose honest testimony has proven essential to the firm's numerous medical malpractice victories.

One important thing to remember when filing a medical malpractice case is the short statute of limitations. In these cases, legal action must generally be taken within three years of the date of the alleged negligent act or omission, or in the case of a minor, the case must be filed within six years of the date of the alleged act or omission. Cases against state-owned or municipal hospitals have a much shorter statute of limitations, and require the filing of a notice of claim within 180 days of the incident. Persons who wish to assert a claim against a veteran's hospital must file a notice of claim within two years of the date of the incident. In Maine a claim against a health care provider must first go to a pre-litigation screening panel. These are difficult and expensive cases and require special expertise.

The following list is a partial representation of Smith Elliott Smith & Garmey's medical malpractice victories, many of which rendered verdicts in the seven figure range:

* death from brain aneurysm
* compartment syndrome resulting in a loss of a functioning arm in a child and leg in an adult
* wrongful death because of a failure to recognize and treat a heart attack
* brain damage from misdiagnosis and unnecessary radiation therapy
* failure to diagnose perforated bowels/appendicitis
* numerous cerebral palsy cases from delayed C-section
* failure to alleviate fetal distress and resuscitate
* retained surgical tools/sponges/towels
* birth injuries
* brachial plexus labor injury
* delayed diagnosis of vascular compromise
* laproscopic surgical errors
* delayed diagnosis of cancer
* anesthesia errors
* inadequate elder medical care

- Municipal & Administrative Law

Municipal and Administrative Law Practice involves issues between governmental entities and private citizens. Zoning and land use regulation and education are two commonly recognized areas of municipal law that are regulated by the community.

You are involved in municipal law if you challenge a tax assessment, object to an ordinance change or challenge the denial of a business license. In nearly every area of governmental action, citizens are entitled to due process by the Constitution. Most often, due process involves a hearing before a Judge, Jury, or Administrative Board. Private citizens or corporations have a right to appeal environmental fines, unemployment claims or motor vehicle or professional license revocations. Smith Elliott Smith & Garmey has many years of experience representing both government entities and citizens in nearly every possible proceeding.

- Products Liability

If a person has been injured by an unsafe product, he or she may take action against the company who designed, manufactured, sold or furnished that product. This type of lawsuit is known as a products liability lawsuit and can help eliminate dangerous products and future injuries. In some cases manufacturers are held liable because they acted negligently when designing the product, or failed to act when they knew that the product was unsafe. The infamous Firestone tire case is an example of willful product negligence. Defective products cases also arise when a manufacturer fails to fulfill the terms of the product warranty, or misrepresents the product in advertisements that give consumers a false sense of security.

Smith Elliott Smith & Garmey has successfully represented clients in products liability cases involving:

* airplane crashes
* automobile defects
* recreational vehicles
* amusement park equipment
* unguarded machinery
* medical devices such as pace makers, prosthetic implants, heart valves
* pharmaceutical liability for drugs such as Fen Phen

- Real Estate

"Real property" is generally defined as land and the things permanently attached to it. Attachments to land, such as homes and buildings, can be referred to as "improvements" on the land. Real property also includes substances that are permanently beneath the land, such as oil, gas and minerals. Items that can be temporarily attached to the land, such as mobile homes and movie sets, are not considered to be real property.

You may become involved in various legal procedures concerning your land when you decide to purchase, rent, lease, sell or transfer the land to others, use it as collateral for a loan, or bequeath it to beneficiaries upon your death. Whether you are a first time home buyer or make your living by investing in real properties, it is almost always a good idea to hire an attorney who will represent you and your best interests during the sale or purchase of real estate. The firm's clientele includes condominium associations, developers, credit unions, land trusts, families purchasing a home or investment property and financial institutions.

The attorneys of Smith Elliott Smith & Garmey have a reputation of dedication to their clients, and take pride in the comprehensive closing services they offer. They have years of experience drafting purchase and sale contracts specific to their client's needs, and have expertise in like-kind, or tax-deferred exchanges. The real estate attorneys at Smith Elliott Smith & Garmey have helped numerous clients resolve residential and commercial real estate disputes, complete simple and complex transactions and have litigated real estate cases throughout the state of Maine.

Smith Elliott Smith & Garmey can provide you with expert legal assistance in every aspect of real estate transactions such as:

* Acquisition
* Boundary line / title litigation
* Closing services
* Conservation planning
* Construction
* Development
* Financing
* Foreclosures Lease agreements
* Sale
* Tax-deferred / like-kind exchanges
* Title Insurance
* Work outs

- Living Wills & Trusts Law

A trust is an arrangement under which one person, a trustee, holds legal title to property for another person, a beneficiary. A trust is a useful way to avoid probate proceedings because your property has been legally titled in the name of the trust before your death. A living trust simply means that it has been created before you die. While you are alive the trust is generally controlled by you and you are able to adjust or revoke it anytime you like. The trusts can be established with alternate trustees to manage the assets if the creator of the trust becomes disabled and unable to honor his or her affairs. By establishing a living trust, your assets can be distributed upon your death to the designated beneficiaries in a matter of weeks with no significant attorney fees to pay. Once all of the trust property has been distributed, the trust ceases to exist. Living trusts can be a very valuable tool when you own assets in more than one state, because filing probate proceedings in two jurisdictions can be very expensive.

Smith Elliott Smith & Garmey frequently assists individuals in setting up living trusts for a variety of reasons ranging from succession concerns to the desire to avoid the probate process.

- Wills

In the absence of a will, the probate code dictates a formula for calculating how assets will be distributed after your death. There are several reasons why you should have a will. First, the laws of descent and distribution may be against the wishes of both you and your family. Second, formal, as opposed to informal, probate proceedings can be costly and time consuming. A will, however, can help eliminate many of these costs and time delays. A will allows a person to select his or her heirs rather than state laws dictating the distribution of your assets. In order to be valid, a will must meet certain statutory requirements which specify the conditions of writing, signing, witnessing, or attestation of the will. Should you opt to draft a will yourself, it is still helpful to have it reviewed by legal council to ensure that no important details have been overlooked. In situations where it may be necessary to name legal guardians for minor children it is especially important to have the will reviewed by a competent attorney.

Smith Elliott Smith & Garmey drafts hundreds of wills each year ranging from simple to complex. Many of the wills prepared by our office address multiple issues pertaining to minor children as well as the structuring of the distribution of assets to minimize negative estate tax consequences.

- Zoning and Land Use Regulation

Zoning laws and land use codes regulate the use, construction and modification of buildings located within a town and specify where recreational or commercial activities may take place. Zoning laws differ from community to community and can be divided into four major categories: commercial, industrial, residential and agricultural. People typically run into problems with zoning ordinances when they want to create a business in their home, for example, or put an addition on a home that might block a neighbor's view. You might not always need a lawyer when dealing with zoning ordinances. If your proposed change is small-scale or beneficial to your neighbors, chances are you can take care of it yourself. When you build on a piece of land or use a building for a certain use that requires governmental permission, you will need an attorney. For these bigger disputes and proposals, the attorneys at Smith Elliott Smith & Garmey can help you write zoning proposals and obtain zoning variances that enable you to use your land for the proposed use.

Additional Practice Areas: Collections, Misdemeanors, Employment Contracts, Severance Agreements, Brachial Plexus Labor Injury, Delayed Diagnosis, Anesthesia Errors, Inadequate Elder Medical Care, Residential and Commercial Real Estate Disputes, Education Law, Title Insurance

Partners

	Ms. Celine M. Boyle Attorney Civil Litigation, Medical Malpractice, Negligence, Personal Injury		Mr. Terrence D. Garmey Attorney Civil Litigation, Medical Malpractice, Negligence, Personal Injury, Product Liability
	Mr. Keith R. Jacques Attorney Administrative Law, Arbitration, Business Formation, Civil Litigation, Commercial Litigation		Mr. William S. Kany Attorney Administrative Law, Business Formation, Civil Litigation, Construction Law, Contracts
	Ms. Nicole L. Lorenzatti Attorney Civil Litigation, Employment, Personal Injury, Product Liability		Mr. Peter W. Schroeter Managing Partner Arbitration, Civil Litigation, Commercial Litigation, Construction Law, Contracts
	Mr. Randall E. Smith Attorney Arbitration, Civil Litigation, Mediation, Medical Malpractice, Personal Injury		Mr. Charles W. Smith, Jr. Attorney Civil Litigation, Criminal Law, Negligence, Personal Injury, Collections