Portland Wrongful Death Lawyer

How Long Do I Have to File a Wrongful Death Lawsuit in Maine?

Maine recently changed the statute of limitations for wrongful death cases. The personal representative or special administrator of the deceased’s estate now generally has three years from the date of the victim’s death to start the legal process. Note that this time limit is tied to the date the victim passed away, not the date they sustained their fatal injuries. 

Wrongful Death Claim Is a Civil Action in Maine

It is important to understand that a wrongful death claim is a civil action and is separate from any criminal proceedings that might arise from the same incident. Consequently, a guilty verdict in a criminal trial does not automatically translate to a successful wrongful death claim, and vice versa. In a wrongful death lawsuit, you must prove the defendant's liability by a preponderance of evidence, a lower standard than the “beyond a reasonable doubt” requirement in criminal cases. 

Who Can File a Wrongful Death Case in Maine?

If you are a close family member of the deceased, you will of course want to explore all options for taking legal action against the party responsible for their death. However, Maine limits who has the right to bring a wrongful death lawsuit. Typically, only the personal representative or special administrator of the deceased’s estate can pursue a claim. The personal representative is often named in the decedent's will. In the absence of a valid will, the court will appoint a personal representative, often a close family member or an individual who stands to inherit a portion of the decedent’s estate.

Although a wrongful death lawsuit is filed by the personal representative, the claim is brought forth on behalf of the deceased's estate and any surviving family members who might have been affected by the death. These family members may include the spouse, children, parents, or siblings of the deceased. 

How Does A Wrongful Death Settlement Get Distributed Among Family Members?

In Portland, ME, the distribution of a wrongful death settlement among family members is guided by the decedent's will and state laws. If a valid will exists, it typically outlines how the settlement should be divided among beneficiaries. In the absence of a will, Maine's intestacy laws come into play, determining the distribution based on familial relationships. Immediate family members, such as spouses and children, are often prioritized, but parents or other relatives might also receive compensation if they were financially or emotionally dependent on the deceased. 

The court may consider the following when distributing the settlement: 

• Financial dependency of each family member on the deceased
• Emotional impact of the loss
• Any incurred expenses related to the death

Additionally, the court might appoint a personal representative to oversee the distribution process, ensuring compliance with legal requirements and fair treatment for all parties involved. Consulting with an experienced wrongful death attorney in Portland can provide clarity and assistance in navigating the complexities of settlement distribution. 

Comprehensive Guidance Through Wrongful Death Claims in Portland, Maine

In Portland, the heart of Maine, families coping with the wrongful death of a loved one often face overwhelming emotions and legal challenges. While local resources like the Maine Department of Health and Human Services offer support, the legal process can still be daunting. We understand the pain of your loss and the added stress of dealing with insurance companies. Our team can guide you in your pursuit of justice, drawing on Portland’s strong community and support systems to help you through recovery.

Portland's unique community dynamics mean that many families are affected by accidents related to local businesses, traffic incidents, or even medical malpractice. The city's bustling environment can lead to negligence that results in tragic outcomes. We recognize that these situations can leave families not only grieving but also facing financial burdens from medical bills, funeral costs, and lost income. Our commitment is to help you navigate these challenges, providing the guidance you need to hold the responsible parties accountable. 

At our firm, we take pride in our deep understanding of the Portland community and the specific pain points that families face during such trying times. We are dedicated to providing compassionate support and effective legal representation, helping you to navigate the complexities of a wrongful death claim with confidence. 

Frequently Asked Questions

What Steps Should I Take Immediately Following a Fatal Accident?

Firstly, ensure that you report the incident to local authorities. In Portland, ME, this involves notifying the local police or the appropriate emergency services. Collect as much information from the scene as possible if you are able, including photographs, witness statements, and any available video footage. Next, obtain a copy of the official police report once it’s available, as it will contain critical details about the accident. Ensure that all communications with involved parties are documented thoroughly, including interactions with insurance companies. Contact a wrongful death attorney in Portland to discuss your legal options.

Can Multiple Family Members File Separate Wrongful Death Lawsuits?

In Maine, the law stipulates that a wrongful death action must be brought on behalf of all eligible beneficiaries by a personal representative of the deceased's estate. Therefore, while multiple family members cannot individually file separate lawsuits, they can collectively be represented within the single action.