Maine Wrongful Death Lawyer
The wrongful death of a person can have a significant impact on loved ones and family members left behind. Legally, a death is considered wrongful in circumstances that are caused by the negligent, careless, intentional or reckless act of another individual.
There are a variety of causes that can lead to a wrongful death including:
- Auto Accidents
- Motorcycle Accidents
- Truck Accidents
- Building Construction Accidents
- Medical Malpractice
- Nursing Home Abuse
- Defective Medical Devices
- Dangerous Prescription Drugs
- Work Accidents
In order to prove that another person is liable in a wrongful death lawsuit, it must be shown that the person who allegedly caused the death had a duty of care to prevent the harm, that this duty was breached, and that the breach led to and caused the harm.
Who Can File a Wrongful Death Lawsuit?
The requirements for filing a wrongful death action vary from state to state. In Maine, wrongful death lawsuits are filed by the court-appointed personal representative of the decedent’s estate. The wrongful death lawsuit is filed on behalf of living beneficiaries of the decedent. These living beneficiaries are most often the surviving spouse, children or parents of the decedent.
In addition, the personal representative can also bring a claim on behalf of the decedent’s estate for injuries suffered by the decedent while he or she was living, including pain and suffering, lost wages, medical expenses and other economic loss. This type of claim is called a survival action.
What is the Wrongful Death Statute of Limitations?
Again, the time periods within which a wrongful death case must be filed vary by state. In Maine, there is a strict two-year statute of limitations that begins to run the from the decedent’s death. If a lawsuit is not filed within the applicable period, the wrongful death case is time-barred.
The moral of the story is do not wait! There is a limited time within which you can file a wrongful death lawsuit to get the justice you deserve.
If you believe a loved one’s death was due to another person’s fault, contact the experienced wrongful death attorneys at Fitzgerald Law Group today so that we can help you achieve justice—and closure.
Maine Wrongful Death Lawsuit
If someone you love has died due to the negligence or carelessness of another person, you may be entitled to pursue compensation, including pain and suffering, past medical treatment, lost wages, loss of earning capacity, loss of companionship, and loss of consortium.
To speak with an experienced, Maine wrongful death lawyer, contact Fitzgerald Law Group at (207) 874-7407, or complete the contact form on this website for a free, confidential, case assessment.