Maine Wrongful Death Lawyer: Seeking Justice for Families
Losing a loved one in an accident is devastating. While nothing can replace a life, pursuing a wrongful death claim can hold negligent parties accountable and provide financial support for the family left behind.
In Maine, wrongful death cases can arise from car accidents, medical malpractice, workplace incidents, or dangerous products. If someone else’s negligence caused your loss, you may be entitled to compensation for funeral costs, lost income, medical expenses, and emotional suffering.
Wrongful death laws in Maine are complex, with strict time limits for filing. Having an experienced Portland wrongful death attorney ensures your family’s rights are protected during this difficult time.
At Upstream Law, we handle wrongful death cases with compassion and determination. We’re here to help your family find justice and closure. Contact Us Today
✉️ matt@upstream.law
📞 (207) 295-4516
Maine Motorcycle Accident Lawyer: Protecting Riders on the Road
Motorcyclists face unique dangers every time they hit the road. With little protection against larger vehicles, a single crash can result in catastrophic injuries. If you’ve been involved in a motorcycle accident in [Portland, Maine], it’s important to speak with an attorney who understands the challenges riders face.
Insurance companies often blame motorcyclists for crashes, even when the other driver was clearly at fault. An experienced Maine motorcycle accident lawyer can push back, gather witness statements, analyze accident reports, and ensure your side of the story is heard.
Compensation may include medical bills, lost wages, pain and suffering, and long-term rehabilitation costs. Because motorcycle accidents are often severe, the stakes are high. Having a skilled Portland motorcycle crash attorney on your side can make all the difference.
At Upstream Law, we fight for injured riders across Maine. Reach out today for a free, no-obligation consultation. Contact Us Today
Maine Slip and Fall Lawyer: Holding Property Owners Accountable
Slip and fall accidents may sound minor, but they can cause serious injuries — broken bones, concussions, spinal injuries, and more. In Maine, property owners have a legal responsibility to maintain safe conditions for visitors.
If you’ve been injured in a slip, trip, or fall accident in Maine, you may be entitled to compensation. These cases are often called “premises liability” claims. Common hazards include wet floors, icy walkways, uneven stairs, and poor lighting.
To win a slip and fall case in Maine, you must prove the property owner knew or should have known about the hazard and failed to fix it. That’s not easy to do on your own. A Portland premises liability attorney can investigate, collect evidence, and hold negligent owners accountable.
Don’t let an accident derail your future. Contact Upstream Law today for a free case evaluation. We fight for injury victims across Maine. Contact Us Today
✉️ matt@upstream.law
📞 (207) 295-4516
Maine Workers’ Compensation Lawyer: Protecting Injured Workers
A workplace injury can leave you sidelined with medical bills and no paycheck. Fortunately, Maine law requires most employers to carry workers’ compensation insurance to protect employees. But getting the benefits you deserve isn’t always straightforward.
If you’ve been hurt on the job in Maine,, you may qualify for coverage of medical treatment, lost wages, and rehabilitation costs. Unfortunately, workers often face delays, denials, or pressure from insurers to return to work before they’re ready. That’s where an experienced Maine workers’ compensation lawyer can make the difference.
A skilled Portland work injury attorney will make sure your claim is filed correctly, fight unfair denials, and push for the full benefits you’re entitled to. Whether your injury was sudden — like a fall or machinery accident — or developed over time, such as repetitive stress or exposure injuries, you have rights under Maine law.
If your workers’ compensation claim has been denied or delayed, or you simply want to protect yourself from the start, contact Upstream Law today for a free consultation. Contact Us Today
✉️ matt@upstream.law
📞 (207) 295-4516
Maine Car Accident Lawyer: Protecting Your Rights After a Crash
A car accident can change your life in an instant. Between medical bills, missed work, and dealing with insurance adjusters, the process can feel overwhelming. That’s where an experienced Maine car accident lawyer comes in.
If you’ve been injured in a crash in Maine, it’s critical to know your rights. Insurance companies often try to minimize payouts, offering settlements that don’t cover the true costs of your recovery. A skilled Portland car accident attorney will fight to make sure you’re fairly compensated for medical expenses, lost wages, pain and suffering, and long-term care needs.
Timing matters. Maine has strict deadlines, known as statutes of limitations, that limit how long you have to file a claim. The sooner you speak with a lawyer, the stronger your case can be. Your attorney can gather evidence, speak with witnesses, and negotiate directly with insurers on your behalf.
Don’t navigate this process alone. If you or a loved one has been injured in a car crash in Maine, Upstream Law is here to help. We offer free consultations and you pay nothing unless we win. Contact Us Today
✉️ matt@upstream.law
📞 (207) 295-4516
Maine’s Home Construction Contract Act: What Homeowners & Contractors Need to Know
Introduction: Why Written Contracts Matter in Maine Construction
Maine is filled with homeowners tackling renovations and contractors taking on new builds. But when expectations don’t match reality, disputes can spiral quickly into litigation.
That’s exactly why the Maine Home Construction Contract Act (HCCA) exists. It sets clear rules for when a construction contract must be in writing, what terms it must include, and what happens when those requirements aren’t followed.
At Upstream Law, we see these disputes regularly — homeowners blindsided by unexpected costs, contractors accused of cutting corners, and families living with half-finished projects. This article unpacks the law, explains your rights, and shows how to prevent small misunderstandings from becoming big lawsuits.
The Legal Framework: 10 M.R.S. §§ 1486–1490
The HCCA applies to any construction or improvement to a home or residential property worth more than $3,000.
Key requirements:
Written Contract: Any job over $3,000 must have a written contract.
Signatures: Both the contractor and homeowner must sign.
Essential Terms: Contracts must include start/completion dates, description of work, payment schedule, warranties, and notice of consumer rights.
Change Orders: Any changes to scope, price, or timeline must also be in writing.
Failure to comply can leave contractors open to serious consequences — including loss of payment rights — and gives homeowners powerful remedies.
Why the Act Protects Both Sides
Many assume the HCCA only protects homeowners, but that’s not true. Contractors benefit too:
A clear written agreement reduces disputes.
Detailed payment terms protect cash flow.
Written change orders prevent misunderstandings when clients request “just one more thing.”
In short, compliance creates fairness and transparency for both sides.
Remedies for Non-Compliance
If a contractor violates the HCCA, homeowners may:
Void the contract and refuse payment.
Recover damages for defective or incomplete work.
Recover attorney’s fees if they prevail in litigation.
Courts have enforced these remedies strictly. For example, in Sweet v. Breivogel (2007 ME 139), the Maine Supreme Judicial Court emphasized that failure to follow HCCA requirements could bar a contractor from recovering payment.
For homeowners, this provides leverage. For contractors, it’s a warning: don’t cut corners on paperwork.
Common Mistakes by Contractors
Verbal Agreements: Relying on a handshake deal instead of a written contract.
Incomplete Contracts: Missing start/end dates, vague descriptions of work.
No Change Orders: Performing extra work without written approval.
Ignoring Warranty Provisions: Leaving homeowners unprotected.
Failure to Provide Consumer Rights Notice: Required under the Act.
Common Mistakes by Homeowners
Not Demanding a Written Contract: Agreeing to start work without one.
Paying Too Much Up Front: Large deposits create risk if the contractor disappears.
Not Verifying Licensing/Insurance: Essential for protection.
Not Documenting Changes: Allowing informal promises to control the project.
Failure to Keep Records: Weakens your position in disputes.
How Disputes Arise (and Escalate)
Most disputes start small: a delay in materials, an unexpected cost, a misunderstanding about what’s “included.” Without a written contract, both parties cling to their own version of the truth.
When trust breaks down, disputes escalate into:
Work stoppages
Mechanic’s liens (contractors filing against property)
Small claims or Superior Court lawsuits
Claims for damages and attorney’s fees
Alternatives to Litigation
Not every dispute belongs in a courtroom. Other options include:
Mediation: Neutral facilitator helps parties reach compromise.
Arbitration: Faster, binding resolution outside court (if contract allows).
Settlement: Negotiated payment adjustments, often cheaper than litigation.
At Upstream Law, we encourage early resolution when possible — but prepare to litigate if necessary.
How Homeowners Can Protect Themselves
Always insist on a written contract for jobs over $3,000.
Verify contractor credentials (check Maine Office of Professional and Occupational Regulation).
Take “before” photos of your property.
Get every change in writing.
Withhold final payment until work is complete and inspected.
How Contractors Can Protect Themselves
Use a compliant contract template for every job.
Train staff to prepare written change orders.
Document all communications with clients.
Keep proof of compliance in case of future dispute.
Consider adding arbitration clauses where appropriate.
Case Illustration (Generalized Example)
A Brunswick couple hired a contractor for a $40,000 addition. No written contract was signed. Midway through, costs ballooned, and the contractor demanded more money. The homeowners refused, and the project stalled.
In court, the contractor argued for payment. The judge held that because there was no written contract, the HCCA barred recovery. The homeowners not only avoided payment but also recovered legal fees.
Lesson: one missing contract can destroy a contractor’s case.
Quiet Confidence in Construction Litigation
Construction disputes can feel overwhelming — money at stake, unfinished homes, frayed relationships. At Upstream Law, our philosophy is quiet confidence: focusing on facts, contracts, and statutory protections. We don’t inflame tensions; we resolve them.
Conclusion
The Maine Home Construction Contract Act exists to prevent confusion and protect both homeowners and contractors. But when ignored, it creates some of the harshest penalties in Maine law.
Whether you’re planning a renovation, already in dispute, or a contractor trying to do things right, understanding the HCCA is essential.
What Counts as a “Substantial Change in Circumstances” in Maine Family Law?
It all begins with an idea.
Introduction: Why Life Changes Demand Legal Changes
Family life is never static. Jobs change, kids grow, parents move, and financial circumstances shift. But if you already have a custody order or child support obligation in place, you can’t simply decide to adjust it on your own. In Maine, courts require proof of a “substantial change in circumstances” before modifying an existing order.
This standard protects children’s stability while ensuring court orders stay fair and workable as life evolves. But what does “substantial change” really mean, and how do judges decide whether to allow a modification?
The Legal Standard in Maine
The relevant statute is 19-A M.R.S. §1653(10), which governs modification of parental rights and responsibilities. It provides that a court may modify an existing order “if the court finds, upon a showing of changed circumstances, that modification is in the best interests of the child.”
Similarly, 19-A M.R.S. §2009 applies to child support orders. It requires a showing of “substantial change in circumstances” — usually financial — before modifying the amount.
In plain English, the court asks two questions:
Has there been a significant change since the last order?
Would modification serve the child’s best interests?
Both must be answered “yes” before a judge will sign off on a new order.
Examples Courts Recognize as Substantial Changes
While every case is unique, Maine courts have consistently recognized certain situations as substantial changes:
Relocation: If a parent moves far enough to disrupt existing visitation schedules.
Major change in a child’s needs: New medical conditions, educational needs, or developmental challenges.
Parental unfitness: Substance abuse relapse, criminal conduct, or neglectful behavior.
Significant income changes: Job loss, new employment with higher or lower pay, or disability.
Remarriage/cohabitation: If the new arrangement directly affects the child’s environment.
Examples Courts Usually Reject
Not every life shift qualifies. Judges often reject modification requests when:
The change is minor or temporary (e.g., a short-term pay cut).
The change was voluntary (a parent intentionally quits a job to reduce income).
The dispute is more about parental conflict than about the child’s best interests.
The evidence is speculative — judges require concrete proof, not fears about what “might happen.”
The Burden of Proof: Evidence Matters
The parent requesting modification carries the burden of proving substantial change. Strong evidence can include:
Employment records (showing job loss, new salary, disability benefits).
Medical records or school reports documenting new child needs.
Testimony from teachers, doctors, or counselors.
Witnesses or police records in cases involving parental misconduct.
Without solid documentation, even legitimate claims may fail.
Timing: When to File a Motion
Maine law doesn’t set a strict waiting period after a judgment, but courts are reluctant to revisit orders too soon unless circumstances are extreme. Filing prematurely risks dismissal and can damage credibility.
Strategically, it’s best to file when:
The change is lasting, not temporary.
The child is already affected.
Evidence is organized and compelling.
Best Interests of the Child
Even if a substantial change is proven, modification will only occur if it serves the child’s best interests. Courts consider:
The child’s age and developmental stage.
Stability of each parent’s home.
The child’s adjustment to school and community.
Each parent’s ability to foster a positive relationship with the other.
This prevents modifications that are technically justified but not actually helpful to the child.
Practical Advice for Parents
Document everything: Keep records of income, expenses, medical updates, and parenting schedules.
Communicate early: Sometimes disputes can be resolved through informal agreements before court is necessary.
Consult counsel: A lawyer can help evaluate whether your facts meet the standard.
Focus on the child, not revenge: Judges quickly spot motions filed out of spite.
Case Illustration (Anonymized Example)
A father in southern Maine lost his manufacturing job after 12 years. His income dropped by more than 40%. He filed to reduce child support, providing pay stubs and unemployment documentation. The court found this was a substantial change and lowered his obligation temporarily, with review scheduled in six months.
Contrast this with a mother who requested custody modification because her ex-partner moved to Portland from Brunswick (a 30-minute distance). The court found this was not substantial because the parenting schedule could still function with minor adjustments.
Why Quiet Confidence Matters in Modification Cases
These disputes are often emotional, but judges value calm, clear, evidence-based advocacy. At Upstream Law, our approach is rooted in quiet confidence — presenting facts persuasively, without unnecessary conflict, and always keeping the child’s best interests front and center.
Conclusion
Life changes — and when it does, Maine family law provides a path to adjust custody and support orders. The key is showing a substantial change in circumstances and proving modification is in the child’s best interests.
If you’re wondering whether your situation qualifies, don’t guess. Get clarity today.