Maine Wrongful Death Lawyer

Who brings a wrongful death claim in Maine?

The personal representative of the estate brings it. That person is appointed through the probate court and files the claim on behalf of the family members Maine law allows to recover.

The money recovered for the family generally goes to the surviving spouse and children, or to other heirs if there is no spouse or child, rather than being used to pay the estate's debts. If no estate exists yet, opening one is often the first step. A family member named in a will as personal representative can usually be appointed quickly, while other situations take more time. Our team can coordinate with probate counsel so the claim is not delayed. In the meantime, families can help by gathering the death certificate, insurance policies, pay records and any accident or medical paperwork they already have.

How long do Maine families have to file?

The deadline for a death claim can differ from Maine's 6-year general injury rule, so it should be confirmed early. Do not assume the longer injury deadline applies.

Several factors affect the timing. A death caused by medical malpractice brings in the 3-year malpractice rule and the notice and screening panel process. A death involving a town or state agency triggers short government notice requirements. A death that followed an injury by weeks or months may raise questions about when each claim began. Because each of these paths has its own rules, we confirm the dates at the first conversation.

What damages can a Maine family pursue?

Maine allows recovery for the family's losses through the wrongful death claim, and for the person's own losses through a survival claim brought by the estate.

Family losses

These may include the loss of financial support and services, the loss of comfort, society and companionship, and medical, funeral and burial costs.

The person's own losses

A survival claim may include medical bills, lost earnings between injury and death, and conscious pain and suffering the person experienced.

Maine places limits on some categories of damages in death cases, so the structure of the claim matters. Punitive damages may be possible only in narrow cases involving malice.

How does fault affect a Maine wrongful death claim?

The family's recovery is reduced by any fault assigned to the person who died, and barred if that person's fault equals or exceeds the defendant's.

Example: a woman is killed when a delivery truck runs a stop sign on a rural road near Waterville. The trucking company argues she was speeding on a wet road. The family's damages total $1,000,000.

• The jury finds the trucking company 90% at fault and the woman 10%. The family recovers about $900,000, subject to any limits that apply to certain damage categories.
• If the jury found her equally at fault with the driver, the family would recover nothing.

Accident reconstruction, vehicle data and witness accounts are the evidence that most often decides these disputes. Our Maine truck accident page explains how truck evidence is preserved.

Does a criminal case affect the family's claim?

No. A criminal case and a civil wrongful death case run separately and serve different purposes.

A prosecutor may charge a driver with operating under the influence or a similar crime, but a criminal case punishes the wrongdoer. The civil case seeks compensation for the family and uses a lower standard of proof, so it can succeed even if the criminal case ends without a conviction. A conviction can still be useful evidence. Families do not need to wait for the criminal case to end.

Which Maine deaths lead to claims?

Fatal claims arise from the same hazards that cause serious injuries across Maine.

• Car, truck and motorcycle crashes on highways and rural roads.
• Logging, fishing and shipyard incidents involving outside companies or equipment.
• Medical errors such as missed diagnoses and surgical mistakes.
• Falls and fires in rental housing and other unsafe property.
• Nursing home neglect leading to falls, infections or dehydration.

Workplace deaths may involve workers' compensation death benefits, with separate claims possible against other companies. See workplace and construction injuries, read more about wrongful death claims, or visit our Maine injury guide. We offer a free case review, and there is no fee unless we win.