Portland Maine Wrongful Death Attorney

Who Can File a Wrongful Death Claim in Portland?

In the aftermath of a loved one's passing due to wrongful death in Portland, Maine, legal questions often arise. One of the most common concerns is who can pursue a wrongful death claim. In Maine, only the personal representative of the deceased's estate can file a wrongful death lawsuit. This is typically the executor named in a will. If no will exists, the court will appoint a representative.

The purpose of a wrongful death lawsuit is to recover compensation for the damages suffered by the surviving family members. These damages can include funeral expenses, loss of the deceased's financial support, and the emotional pain and suffering endured by the surviving family.

Unique Challenges in a Wrongful Death Lawsuit

Wrongful death cases in Portland present unique challenges that set them apart from other types of personal injury lawsuits. Some of these challenges include:

Proving Liability

In a Maine wrongful death lawsuit, the burden of proof falls on the plaintiff to demonstrate that the defendant's negligent or intentional actions caused the death of their loved one. This can be particularly challenging when there are multiple parties involved or when the cause of death is not immediately apparent. For example, if a loved one died due to medical malpractice at a Portland hospital, it may require extensive investigation and expert testimony to prove that the healthcare provider's actions deviated from the standard of care and directly caused the death.

Assessing Damages

Quantifying the damages in a wrongful death lawsuit can be complex, as it involves calculating both the economic and non-economic losses suffered by the surviving family members. Economic damages, such as medical expenses and lost income, may be easier to demonstrate through bills and employment records. However, non-economic damages, such as the loss of companionship and emotional distress, are more subjective and can be challenging to assign a dollar value to.

Navigating Family Dynamics

Wrongful death cases can sometimes lead to disputes among family members regarding the distribution of damages or the decision to pursue legal action. For example, if a parent is killed in a car accident, the surviving spouse and adult children may disagree on how to proceed with the case. An experienced Portland wrongful death attorney can help mediate these conflicts and ensure that the legal process moves forward in a manner that is fair and respectful to all parties involved.

Coping with Grief

One of the most significant challenges in a wrongful death lawsuit is the emotional toll it takes on the surviving family members. Dealing with the profound grief of losing a loved one while simultaneously navigating the legal system can be overwhelming. Our compassionate Maine wrongful death lawyers at McCue Law Office understand the emotional challenges families face and work tirelessly to provide the support and guidance they need during this difficult time.

Proving Liability in a Wrongful Death Lawsuit

To succeed in a Portland wrongful death lawsuit, the personal representative and their attorney must prove that the defendant's negligent or intentional actions caused the death of their loved one. This involves establishing four key elements:

• Duty of Care: The defendant owed a duty of care to the deceased person. For example, drivers have a duty to operate their vehicles safely and follow traffic laws.
• Breach of Duty: The defendant breached their duty of care through negligent or reckless actions. An example would be a driver speeding or running a red light at a busy intersection.
• Causation: The defendant's breach of duty directly caused the death of the deceased person. In a car accident case, this means showing that the defendant's negligent driving was the primary cause of the fatal crash.
• Damages: The death resulted in demonstrable damages to the deceased's estate and surviving family members. These damages can include medical expenses, funeral costs, lost income, pain and suffering, and loss of companionship.

Proving liability often requires a thorough investigation, gathering evidence from the scene of the accident, interviewing witnesses, and consulting with experts such as accident reconstructionists or medical professionals. The experienced wrongful death attorneys at McCue Law Office have a deep understanding of the legal process and work tirelessly to build strong cases for families throughout Portland. We can help you navigate the complexities of proving liability and seek the compensation you deserve for your tragic loss.

Common Defenses Used by Defendants in Wrongful Death Lawsuits

When facing a wrongful death lawsuit or personal injury lawsuit in Portland, Maine, defendants and their legal teams often employ various defenses to avoid liability or minimize the damages they may be required to pay. Some common defenses used in wrongful death lawsuits include:

Comparative Negligence

Under Maine's modified comparative negligence rule, if the deceased individual was partially at fault for the accident that led to their death, the damages awarded to the surviving family members may be reduced proportionately to the deceased's percentage of fault. For example, if a pedestrian was struck and killed by a car while crossing Congress Street outside of a designated crosswalk, the driver's attorney might argue that the pedestrian's actions contributed to the accident, thereby reducing the driver's liability. Attempting to reduce the amount they have to pay out by using comparative negligence is a strategy often employed by defendants’ insurance companies.

Assumption of Risk

In some cases, defendants may argue that the deceased individual voluntarily assumed the risk of the activity that led to their death. This defense is more common in cases involving inherently dangerous activities, such as extreme sports or high-risk occupations. For instance, if a person died while participating in a dangerous activity at a Portland recreation facility, the defendant might claim that the deceased understood and accepted the risks involved.

Pre-existing Conditions

If the deceased individual had a pre-existing medical condition that contributed to their death, the defendant may argue that they are not entirely responsible for the wrongful death. For example, if a person with a heart condition died during a surgical procedure at Mercy Hospital, the hospital's attorneys might claim that the pre-existing condition, rather than medical malpractice, was the primary cause of death.

Statute of Limitations

In Portland, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the person's death. If the lawsuit is not filed within this timeframe, the defendant may argue that the case should be dismissed, even if their negligence caused the death. It's crucial for families to consult with a Portland wrongful death attorney as soon as possible to ensure that their claim is filed within the legal deadline.

Lack of Causation

To succeed in a wrongful death lawsuit, the plaintiff must prove that the defendant's actions directly caused the death of their loved one. Defendants may argue that other factors, such as the deceased's own actions or intervening events, were the true cause of death.

Navigating these defenses can be challenging for grieving families, but our experienced Maine wrongful death attorneys at McCue Law Office have the knowledge and skills to counter these arguments effectively. We work tirelessly to gather evidence, consult with experts, and build strong cases to help families in Portland and throughout Maine get fair compensation.

Compensation Available to Wrongful Death Victims in Portland

When a loved one dies due to another party's negligence in Portland, Maine, the surviving family members may be entitled to various forms of compensation through a wrongful death lawsuit. The damages awarded in these cases are meant to help ease the financial burdens and emotional distress caused by the untimely death. Some of the wrongful death damages you can seek include:

Economic Damages

Economic damages are meant to compensate for the quantifiable financial losses incurred due to the wrongful death. These may include:

• Medical expenses related to the deceased's final injury or illness
• Funeral and burial costs
• Lost income and future earning potential of the deceased
• Loss of benefits, such as health insurance or pension plans

For example, if a family's primary earner was killed in a motor vehicle accident, the surviving spouse and children could seek compensation for the lost income and future financial support they would have received had their loved one lived.

Non-Economic Damages

Non-economic damages are intended to compensate for the intangible losses suffered by the surviving family members. These may include:

• Pain and suffering endured by the deceased before their death
• Emotional distress and mental anguish of the surviving family members
• Loss of companionship, guidance, and support provided by the deceased

While these damages can be more challenging to quantify, they are no less important than economic damages. For instance, the emotional trauma experienced by a child who loses a parent in a preventable accident can have lasting effects that deserve compensation.

Punitive Damages

In rare cases where the defendant's actions were particularly egregious or intentional, the court may award punitive damages to punish the wrongdoer and deter similar behavior in the future. Punitive damages are not available in all wrongful death cases and are awarded at the court's discretion.

Benefits of Hiring a Portland Wrongful Death Lawyer

Losing a loved one due to someone else's negligence is an overwhelming and emotionally challenging experience. During this difficult time, it's essential to have an experienced and compassionate Portland wrongful death lawyer by your side to help you navigate the legal system and seek the justice and compensation you deserve. Some of the key benefits of hiring a wrongful death attorney in Portland include:

Knowledge of Maine's Wrongful Death Laws

Wrongful death cases in Portland are governed by complex state laws that can be difficult for grieving families to understand. An experienced wrongful death lawyer will have a thorough understanding of Maine's legal system and can help you determine whether you have a valid claim. They can also explain your rights, the types of damages you may be entitled to, and the steps involved in pursuing a wrongful death lawsuit.

Investigation and Evidence Gathering

To build a strong wrongful death case, it's crucial to conduct a thorough investigation and gather compelling evidence. A skilled Portland wrongful death attorney will have the resources and expertise to investigate the circumstances surrounding your loved one's death, identify the responsible parties, and collect evidence to support your claim. This may involve reviewing medical records, interviewing witnesses, and consulting with experts such as accident reconstructionists or medical professionals.

Negotiation with Insurance Companies

In many wrongful death cases, the negligent party's insurance company will be involved in the settlement process. Insurance adjusters often try to minimize payouts or deny claims altogether, making it challenging for families to obtain the compensation they deserve. A knowledgeable Portland wrongful death lawyer can handle negotiations with the insurance company on your behalf, ensuring that your rights are protected and that you receive a fair settlement for your losses.

Representation in Court

If a fair settlement cannot be reached through negotiations, your wrongful death case may need to go to trial. Having an experienced litigator on your side is essential in these situations. Your Portland wrongful death attorney will prepare a compelling case, present evidence in court, and argue passionately on your behalf to help you obtain the best possible outcome.

Compassionate Support

Dealing with the loss of a loved one is emotionally taxing, and the added stress of a legal case can be overwhelming. An experienced attorney will understand the difficulties you are facing and provide the support and guidance you need throughout the legal process. We will handle the legal aspects of your case, allowing you to focus on healing and moving forward with your life.

FAQs on Portland Wrongful Death Claims

Can surviving family members file a wrongful death lawsuit against a government entity, such as the City of Portland or Cumberland County, if their loved one's death was caused by the negligence of a government employee?

Yes, surviving family members can file a wrongful death lawsuit against a government entity in Portland, but there are specific procedures and deadlines that must be followed. In Maine, the Maine Tort Claims Act governs claims against government entities and employees. Under this act, a notice of claim must be filed with the appropriate government entity within 180 days of the date of the incident that caused the death. The government entity then has 120 days to respond to the claim. If the claim is denied or not resolved, the surviving family members can then file a wrongful death lawsuit in court.

How are punitive damages determined in a Portland wrongful death case, and what factors does the court consider when deciding whether to award them?

In a Portland wrongful death case, punitive damages may be awarded if the defendant's actions were particularly egregious, malicious, or reckless. The purpose of punitive damages is to punish the defendant and deter similar behavior in the future. When deciding whether to award punitive damages, the court will consider factors such as the severity of the defendant's conduct, the duration of the conduct, any attempted concealment of the conduct, and the defendant's awareness of the dangers posed by their actions. For example, if a property owner in the Old Port area knowingly allowed a dangerous condition to persist on their premises, leading to a fatal accident, the court may award punitive damages to the surviving family members.

Contact a Maine Wrongful Death Lawyer

If you have lost a loved one due to another's negligence in the Portland area, it's essential to consult with an experienced wrongful death attorney. At McCue Law Office, our team of dedicated personal injury lawyers has a deep understanding of Maine's wrongful death laws and can help you navigate the legal system during this challenging time. We serve families throughout Portland, from the historic Old Port district to the peaceful neighborhoods of Deering Center and Riverton.

You can contact a Portland wrongful death attorney at our Maine law firm by calling (207) 421-9406 or filling out this online form. We'll listen to your story, assess your case, and explain your legal options in plain, easy-to-understand language.

Our goal is to help you seek the compensation you deserve for medical bills, funeral expenses, lost income, and other damages while allowing you the space to grieve and heal.

We also operate on a contingency fee basis which means that you don't have to pay us until we win your case and ensure the responsible party is punished for their wrongful actions.