Experienced Portland Wrongful Death Lawyers
Portland Wrongful Death Attorney
Find out why we are some of the best Portland Maine wrongful death lawyers
Wrongful Death Simply Explained
Wrongful death is a legal term used in personal injury law to describe a situation where a person’s death is caused by the negligent, reckless, or intentional actions of another individual or entity. In these cases, the deceased person’s heirs or representatives may pursue a wrongful death claim to seek financial compensation for their loss and hold the responsible party accountable.
“Unintentional injuries” were the 3rd leading cause of death in 2018 in Maine, and many of those accidents could have been prevented if not for negligent behavior. [1]
Examples of negligent behavior that can result in wrongful death cases include medical malpractice, motor vehicle accidents, workplace accidents, defective products, and pedestrian accidents. When these incidents occur, the surviving family members may suffer not only emotional trauma, such as loss of companionship but also various economic losses, such as funeral expenses and loss of financial support.
Major Causes of Wrongful Death
Wrongful death is a devastating event that occurs due to the negligence or intentional misconduct of another party. In Portland, Maine, there are various causes that can lead to wrongful death claims.
- Automobile accidents are one of the leading causes of wrongful death in Portland. Negligent parties who fail to adhere to traffic laws or engage in reckless behavior can cause fatal injuries.
- Medical malpractice is another significant cause. where reckless actions by healthcare professionals lead to wrongful death; this can include surgical errors, misdiagnoses, or medication mistakes.
Recent studies have estimated that medical malpractice may cause up to 251,000 deaths in the United States each year, making it the third leading cause of death after heart disease and cancer. [2]
- Workplace accidents are also a prominent cause of wrongful death. Negligence by employers or co-workers can result in fatal injuries, especially in industries such as construction or manufacturing. Pedestrian accidents, where pedestrians are hit by vehicles, often due to negligent driving, are another common cause.
- Defective products can also lead to wrongful death in Portland. If a product is inherently dangerous or has a manufacturing defect, and it causes fatalities, the manufacturer or distributor can be held liable.
Different Types of Damages in Wrongful Death Cases in Portland, Maine
When a wrongful death occurs due to the negligence or intentional actions of another individual or entity in Portland, Maine, the surviving family members may be entitled to different types of damages. These damages aim to compensate the family for their losses and address the financial, emotional, and practical impact of their loved one’s death.
In wrongful death cases, different types of damages include:
- economic damages
- non-economic damages
- punitive damages
Economic Damages
Economic damages, also known as pecuniary damages, include the financial losses directly caused by the wrongful death. These damages are intended to compensate the surviving family members for the financial burden they have incurred due to the loss of their loved one.
In wrongful death cases, expert witnesses, such as economists or financial professionals, may be called upon to calculate and support these claims.
- Loss of Income:
This category includes the deceased’s potential future earnings, benefits, bonuses, and other financial contributions that would have been provided to the family had the wrongful death not occurred.
In wrongful death cases, expert witnesses, such as economists or financial professionals, may be called upon to calculate and support these claims.
- Funeral and Burial Expenses:
Funeral expenses can be a significant burden for families who have lost a loved one due to a wrongful death. In Portland, Maine, families pursuing a wrongful death claim may be eligible to seek compensation for these immediate expenses associated with the wrongful death, including medical and funeral costs.
Under the wrongful death statute in Portland, families can potentially recover funeral and burial expenses as part of their claim. These expenses typically encompass the costs of transporting the deceased, embalming, cremation or burial services, caskets or urns, grave markers or headstones, and any additional costs related to the funeral ceremony.
The amount of compensation for funeral expenses in a wrongful death claim can vary depending on various factors, such as the circumstances surrounding the wrongful death. This can include factors like the negligence of the responsible party, the extent of financial support the deceased provided to the family, and the impact of the loss on the survivors.
- Loss of Financial Support:
Wrongful death can result in the loss of financial support that the deceased would have provided to dependents, such as children, spouses, or elderly parents. The court considers the deceased’s earning capacity, life expectancy, and other factors to determine the amount of financial support lost.
- Medical Expenses:
If the deceased incurred medical expenses before succumbing to their injuries, these costs can be included in economic damages. This may encompass hospital bills, ongoing medical treatment, rehabilitation expenses, and any other healthcare-related costs associated with wrongful death.
- Loss of Services and Household Contributions:
Wrongful death often results in the loss of the deceased’s services, such as childcare, housekeeping, home maintenance, cooking, and other day-to-day responsibilities that were previously provided by the deceased.
Calculating Economic Damages:
Determining the exact amount of economic damages can be complex and requires establishing a strong legal argument supported by evidence. Goldberg & Loren Law Firm provides experienced wrongful death lawyers who will help navigate the process, working closely with experts to assess and quantify economic losses accurately.
- Punitive Damages
Punitive damages in wrongful death cases serve as a form of monetary compensation awarded to the plaintiff in order to punish the defendant for their reckless or intentional actions that caused the death. These damages go beyond the typical compensation for economic losses, such as funeral expenses or medical bills, and instead aim to hold the defendant accountable for their behavior.
The purpose of punitive damages is not only to provide financial compensation to the plaintiff but also to deter similar conduct in the future and promote public safety. By imposing significant financial penalties on the responsible parties, punitive damages send a strong message that reckless or intentional actions resulting in death will not be tolerated in our society.
In wrongful death cases, where a loved one’s life has been tragically cut short due to someone else’s negligence or intentional wrongdoing, punitive damages can bring some measure of justice and closure to the grieving family. It serves as a way to hold those responsible accountable for their actions and to prevent similar tragedies from occurring in the future. By awarding punitive damages, the legal system sends a clear signal that the loss of a loved one will not be taken lightly, ensuring that individuals and organizations think twice before engaging in reckless or intentional behavior that could harm others.
- Compensatory Damages
In Portland, Maine, compensatory damages are available in wrongful death cases as a means to provide financial compensation to the surviving family members for their losses and expenses. These damages are awarded to help ease the financial burden resulting from the untimely death of a loved one due to someone else’s negligence or intentional actions.
Compensatory damages in wrongful death cases typically cover various expenses, including medical and hospital bills incurred prior to the decedent’s death. These damages also account for the income that the deceased person would have earned had they survived, compensating the family for the economic loss they have suffered.
Non-economic Damages
Non-economic damages, on the other hand, are designed to compensate for the emotional pain, suffering, and loss of companionship experienced by the surviving family members.
- Loss of Companionship & Care
Losing a loved one due to a wrongful death can have a devastating impact on the loss of companionship and care for the surviving family members in Portland, Maine. The emotional and mental health struggles they face are often profound and long-lasting.
The void left by the deceased person’s absence leaves a significant gap in the family structure, leading to a loss of the guidance, support, and companionship they provided. Surviving family members may struggle with feelings of loneliness, isolation, and a sense of abandonment. The loss of daily interactions, shared experiences, and emotional connections can be overwhelming and greatly affect their overall well-being.
Table of Contents
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Wrongful Death Simply Explained
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Major Causes of Wrongful Death
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Different Types of Damages in Wrongful Death Cases in Portland, Maine
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Filing a Wrongful Death Claim in Portland Maine
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Statute of Limitations for Portland, Maine Wrongful Death
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What are the Benefits of Hiring a Wrongful Death Lawyer?
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Sources
Filing a Wrongful Death Claim in Portland Maine
Filing a wrongful death claim in Portland, Maine, can be a complex and emotional process. It is a legal action taken by the surviving family members of an individual who has died due to the negligent actions or misconduct of another person or entity. This type of claim seeks to hold the responsible parties accountable and obtain compensation for the damages suffered as a result of the wrongful death.
Surviving family members may be eligible to receive financial compensation for various losses, including medical bills, funeral expenses, loss of companionship, and emotional distress. It is important to consult with an experienced wrongful death attorney in Portland, Maine, to navigate through the legal process and ensure that your rights are protected.
Who Can File a Claim in Portland, Maine?
In Portland, Maine, there are specific parties who are eligible to file a wrongful death claim. The personal representative of the deceased person’s estate is generally the primary party with the legal standing to bring forth a claim. If there is no appointed personal representative, a special administrator may be able to file the claim on behalf of the decedent’s estate.
Certain close relatives of the deceased person may also be eligible to file a wrongful death claim as beneficiaries. In Portland, Maine, these typically include the spouse, children, and parents of the deceased. Other qualifying family members, such as siblings or grandparents, may also be able to pursue a claim under certain circumstances.
It is important to note that the specific rules and requirements for filing a wrongful death claim can vary, and consulting with our experienced wrongful death lawyer will help to ease your stress and guarantee your compensation for losses.
What Information Will I Need to Provide My Lawyer?
When filing a wrongful death claim in Portland, Maine, it is essential to provide your lawyer with specific information to build a strong case. Provide details about the deceased person, including their name, age, and relationship to you as the claimant. Also, provide the date, time of death, and cause of death.
In addition to this basic information, your lawyer will need evidence of negligence or wrongful actions that led to the death. This can include police reports, medical records, autopsy reports, and any other relevant documents. Witness statements or testimonials from individuals who saw the incident occur or have knowledge of the circumstances can also be valuable.
To strengthen your case, it is important to gather any supporting evidence that shows the financial and emotional impact of the loss, such as medical bills, funeral expenses, and evidence of the deceased person’s contributions to their family or household.
By providing all of this information, you will enable our legal team to effectively assess and pursue your wrongful death claim in Portland, Maine.
Statute of Limitations for Portland, Maine Wrongful Death
The statute of limitations is a crucial aspect to consider when pursuing a wrongful death claim in Portland, Maine. It refers to the specific timeframe within which a legal action must be initiated. In the case of wrongful death, it is important to be aware of the statute of limitations as it determines how long you have to file a lawsuit.
The statute of limitations for wrongful death cases in Portland, Maine, generally sets a two-year time limit from the date of the individual’s death for filing a lawsuit. This means that legal action must be initiated within two years of the person’s passing.
However, laws can change over time, so it’s essential to verify the current statute of limitations with a legal professional or by referring to the latest state statutes to ensure accuracy and compliance with the law.
What are the Benefits of Hiring a Wrongful Death Lawyer?
If you have lost a loved one due to someone else’s negligence or intentional actions, hiring a wrongful death lawyer can provide several benefits during this difficult time. One benefit of hiring a wrongful death attorney is ensuring all deadlines and documents are properly handled.
Dealing with a wrongful death claim can be complex and overwhelming, especially when you are grieving.
Goldberg & Loren wrongful death lawyers are a trusted choice to help you through the complexities of your case. Our lawyers are well-versed in handling wrongful death cases and have the competence to ensure that all necessary paperwork is filed within the statute of limitations and other relevant deadlines.
Our track record of securing favorable outcomes in wrongful death cases further demonstrates our dedication and commitment to seeking justice for our clients.
Are you seeking justice for the loss of a loved one due to someone else's negligence?
Our team of Portland, Maine, wrongful death lawyers is dedicated to representing clients like you who have experienced the devastating loss of a family member.
By working with our compassionate legal team, you can have peace of mind knowing that we will handle every aspect of this legal matter with compassion and professionalism. We will work tirelessly to hold the responsible parties accountable and secure the financial support you need in this difficult time.
Contact us today for a free consultation to discuss your case, and let us help you seek justice for your loved one.
Sources:
1. Maine Leading Causes of Death: 10 Most Common Causes, 2018. (2020, May). In Maine.gov. Retrieved July 20, 2023, from https://www.maine.gov/dhhs/mecdc/public-health-systems/data-research/data/documents/pdf/one-page-2018summary-final.pdf
2. Your Health Care May Kill You: Medical Errors – PubMed. (2017, January 1). PubMed. https://pubmed.ncbi.nlm.nih.gov/28186008/.
Goldberg & Loren Personal Injury Attorneys
180 Pool St Suite 105,
Biddeford, ME 04005
(207) 977-2838
If you lost a loved one from wrongful death and you want to take legal action, contact us today. We will work to bring you and your family the compensation you deserve.
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