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Jury awards $450,000 to Gorham man injured in car accident

Posted Aug. 04, 2014, at 11:41 a.m.
Last modified Aug. 04, 2014, at 12:08 p.m.

PORTLAND, Maine – Following a three-day civil trial, a jury in Portland last week awarded $450,000 to a Gorham man who was seriously injured in a car crash four years ago.

The Berman & Simmons law firm represented Tim Valeriani, 37, of Gorham. On Feb. 9, 2010, Valeriani was driving on Saco Road in Westbrook. As he slowed to make a left-hand turn, his Ford SUV was rear-ended by another driver who had not been paying attention. Valeriani suffered a significant back injury requiring years of medical treatment, including physical therapy and anti-inflammatory injections.

Allstate Insurance, the defendant in the case, claimed Valeriani was not injured in the accident, but instead hurt his back after the fact. The company offered a $60,000 settlement to Valeriani prior to the trial, which was held at Cumberland County Superior Court in Portland from July 28 to July 30. Dr. John Kazilionis of South Portland, Valeriani’s primary medical care provider, testified on his patient’s behalf.

The jury decided in favor of Valeriani. The award of $450,000 was above the $375,000 figure that Berman & Simmons attorney William Robitzek had asked them to consider. It covers medical bills, lost wages, plus pain and suffering. Valeriani has been able to return to work, and is employed at Southern Maine Firewood.

“Most of all I’m happy for Tim because this is vindication. The jury found that he told the truth,” Robitzek said. “The result shows that the jury system works, and that juries in Maine will award fair compensation to make up for what injured people have lost as a result of other people’s negligence.”

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Berman & Simmons, P.​A.​ is a 16-attorney firm with offices in Portland, Lewiston, and Bangor.​ The firm has represented the people of Maine in all types of plaintiff’s cases for 100 years. Berman & Simmons has been listed under all litigation headings in Best Lawyers in America since its first publication and has been cited in Chambers USA as “the best plaintiffs’ personal injury and medical malpractice firm in Maine.​”

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