Portland, Maine Wrongful Death Lawyers
If your loved one died due to negligence, our attorneys are here to help
Losing a loved one is something we all endure, but when the loss is sudden and caused by negligence, the pain is even harder to bear. Your focus is on grieving, not on the legal implications. The right Maine wrongful death lawyer can help your family move forward.
The compassionate attorneys at Romanow Law Group believe that every lost life due to negligence or wrongful actions deserves justice and accountability. We want to be your ally during this difficult time. The loss of a loved one is immeasurable, but we hope that through the legal process, we can provide you with some sense of peace.
“My experience with Romanow Law Group has been amazing. All the staff has been very professional, polite, and extremely friendly. I felt very comfortable working with them. I would highly recommend this law group.” – D.B., ⭐⭐⭐⭐⭐
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In Maine, the family member of the deceased has two years from the date of death to file a wrongful death lawsuit. Failure to meet this deadline can stop all motions to pursue any further legal action. Don’t delay—let the Romanow Law Group in Portland, Maine, protect your rights.
FAQ about wrongful death claims in Maine
- What is a wrongful death claim?
- How do I know if I have a wrongful death case?
- Who can file a wrongful death claim in Maine?
- Possible wrongful death recoverable damages?
- Should I file a Maine wrongful death lawsuit?
- What is the deadline for filing a wrongful death lawsuit in Maine?
- Who can I sue for wrongful death in Maine?
- Is there a cap on compensation for wrongful death lawsuits in Maine?
What is a wrongful death claim?
In Maine, wrongful death is a civil matter that arises when a person's life is cut short due to the negligence, recklessness, or intentional actions of another party.
Wrongful deaths can occur in various types of accidents, including but not limited to car accidents, truck accidents, motorcycle accidents, pedestrian accidents, medical malpractice incidents, workplace accidents, and acts of violence. Regardless of the type of accident that brought about the death, when the actions of another party lead to the untimely death of a loved one, you have the right to hold them accountable.
In addition to the civil aspect of a wrongful death claim, it's important to understand that some cases may involve criminal proceedings as well. If the responsible party's actions were deemed to be willful or involved criminal intent, they may face criminal charges in addition to the lawsuit. But remember that your wrongful death case is distinct from any criminal charges that the State of Maine may file in connection with the same death.
How do I know if I have a wrongful death case?
If your loved one died because of another person’s negligence, you may have a wrongful death claim. Examples include crashes caused by drunk or distracted drivers, medical mistakes, or dangerous conditions that were ignored. The key factor is proving that the death would not have happened if the at-fault party had acted responsibly.
This might sound simple. But it can be difficult to know whether negligence played a role in your loved one’s death. A wrongful death lawyer can investigate the details, gather evidence, and determine if you have a strong case. Speaking with an attorney as soon as possible is the best way to get clear answers about your legal options.
Keep in mind that every situation is different and no two wrongful death claims are alike. Even if you are unsure about fault, you should still talk to a lawyer as soon as possible to learn more about your legal options. Taking this step can protect your family’s right to pursue justice and fair compensation.
Who can file a wrongful death claim in Maine?
In Maine, only certain people are legally allowed to bring a wrongful death claim seeking damages, the legal term for compensation for financial losses. The law is designed this way to ensure the case is filed by those most directly impacted by the loss. The court will recognize specific family members or representatives of the estate as having the right to sue:
- The personal representative of the deceased person’s estate is usually the one who files the claim on behalf of the family.
- The surviving spouse has the legal right to be included in the claim and pursue compensation.
- Children of the deceased, whether minors or adults, may be part of the claim if they relied on the parent for financial support.
- Parents of a deceased minor can file if their child’s death was caused by negligence.
- Other close family members may sometimes qualify depending on the circumstances, but the estate representative is typically the one to file a wrongful death lawsuit.
Because rules about who can file a wrongful death claim in Maine can be complicated, it’s important to speak with a Maine wrongful death attorney right away. A lawyer can confirm if you are eligible to take action and guide you through the complex legal process. Acting quickly can also make sure you meet all deadlines and preserve your family’s right to justice.
Possible wrongful death recoverable damages?
While no amount of money can truly compensate for the loss of a beloved family member, pursuing a wrongful death claim can provide some measure of financial support during this challenging time. In Maine, the legal system recognizes the importance of holding responsible parties accountable for their actions. This can provide monetary relief to surviving family members. These awards, granted through wrongful death claims, aim to address the economic and non-economic impacts of the loss.
The compensation awarded in a wrongful death case can help alleviate the financial burdens that arise from the sudden death of a loved one. It can assist in covering any of the following damages:
- Medical expenses
- Funeral and burial costs
- Loss of income
- Pain and suffering
- Estate administration fees
- Loss of consortium
- Mental anguish
Should I file a Maine wrongful death lawsuit?
Filing a wrongful death lawsuit is a very personal decision. Still, for many families, it can be the best way to obtain compensation for all their financial losses, including future anticipated ones. When someone else’s reckless or negligent actions caused your loved one’s death, holding them accountable through the legal system can bring closure. It can also make sure that your family receives financial support during an incredibly difficult time.
A lawsuit can help recover compensation for medical bills, funeral costs, and the loss of income your family depended on. It also acknowledges the pain, suffering, and emotional harm caused by your loved one’s loss. While no amount of money can make up for what you have lost, a wrongful death lawsuit can provide some stability as you move forward.
Before filing, it’s important to discuss your situation with an experienced wrongful death lawyer. An attorney can explain your legal rights, walk you through the process, and make sure your claim is filed correctly and on time. Having strong legal representation can help ease the burden and give you peace of mind.
What is the deadline for filing a wrongful death lawsuit in Maine?
In Maine, you have three years from the date of your loved one’s death to file a wrongful death lawsuit in most cases. This deadline is known as the statute of limitations. Three years might seem like a long time. But the reality is, the sooner you take legal action, the better. Reasons why include:
- Evidence to support your case could be lost or destroyed over time.
- Eyewitnesses who saw what happened might be hard to find or forget important details.
- Other, shorter legal deadlines might apply in certain cases.
- Juries might question why you waited so long to take legal action when deciding your case.
We understand how overwhelming dealing with the death of a loved one can be for family members. That’s why we want to help you take legal action and deal with all the red tape and paperwork often associated with such complex cases. You have enough to worry about. We can be there for you when you need us most.
Who can I sue for wrongful death in Maine?
When pursuing a wrongful death claim in Maine, identifying the responsible party is critical. Liability (who’s legally responsible for compensating you for your financial losses) can extend beyond just one person, depending on the circumstances of the death. Each case requires a careful review to determine exactly who should be held accountable.
- Negligent drivers who cause fatal car, truck, or motorcycle accidents can be sued for wrongful death.
- Employers or trucking companies may be held responsible if the death involved a commercial vehicle or unsafe workplace practices.
- Property owners who fail to fix dangerous conditions that cause a fatal accident can be sued for their negligence.
- Manufacturers may be liable if a defective product or unsafe equipment directly caused the death.
Because many wrongful death cases involve multiple possible defendants, you should consult a lawyer right away. An attorney can review the facts and determine who should be named in the lawsuit. This allows you to hold all responsible parties accountable for their role in your loved one’s death.
Is there a cap on compensation for wrongful death lawsuits in Maine?
Yes. In Maine, there is a legal cap on certain types of damages (compensation awarded for financial losses) in wrongful death cases. According to Maine Revised Statutes Title 18-C § 2-807, compensation is capped at:
- $1,000,000 for non-economic damages such as pain, suffering, and loss of companionship.
- $500,000 for punitive damages, which is money awarded in wrongful death cases designed to punish the at-fault party and to deter similar actions in the future.
However, there is no cap in Maine on economic damages like medical expenses, lost income, or funeral costs. This means families can still recover the full amount of financial losses directly tied to the death. The cap only limits the non-economic portion, which represents the emotional and personal impact of losing a loved one. Understanding this distinction is important when evaluating the potential value of a claim.
Even with these limits, wrongful death cases can still result in significant compensation for families. A skilled wrongful death lawyer can make sure your case includes every possible type of damages and fight for the highest recovery available under Maine law. Acting quickly helps make sure that your family receives the justice and financial support you rightfully deserve.
Our Maine law firm will stand by your side
In the face of the immense pain and loss caused by wrongful death, having a compassionate and experienced attorney by your side can make all the difference. The wrongful death attorneys at Romanow Law Group understand the sensitive nature of these cases. That’s why we are committed to providing you with the support and guidance you need during this challenging time. We will handle every aspect of your wrongful death claim, advocating for your rights and tirelessly working to secure the compensation you deserve.
With our deep understanding of Maine's wrongful death laws and extensive experience, we are well-equipped to navigate the intricacies of your case. We will conduct a thorough investigation, gather evidence, and build a compelling legal strategy tailored to your specific circumstances. Our compassionate approach ensures that we listen to your needs, answer your questions, and provide you with the personal attention and care you deserve.
While we cannot undo the pain and loss you have endured, we are dedicated to helping you find a sense of closure and financial security. Our goal is to ease the burden on your shoulders, allowing you to focus on healing and rebuilding your life. If you have lost a loved one due to the negligence or wrongful actions of another, we invite you to contact our firm for a free, confidential, no-obligation consultation. Together, we can pursue justice for your family.