Losing a loved one in Portland, Maine due to someone else's negligence is an unimaginable tragedy that no family should ever have to face. If you've lost a family member in a preventable accident, you may be entitled to file a wrongful death claim. At McCue Law Office, our experienced Portland wrongful death lawyers understand the devastation and financial burdens that come with such a loss and are here to help you navigate the legal system during this difficult time.
When a wrongful death occurs, surviving family members are left to deal with the emotional trauma, medical bills, funeral costs, and the loss of financial support. Our Portland wrongful death attorneys work tirelessly to help grieving families throughout Maine seek compensation for their losses. We know that no amount of money can bring back your loved one, but a successful wrongful death lawsuit can provide much-needed financial relief and a sense of justice.
Don't let the negligent party responsible for your loved one's death walk away without being held accountable. Contact McCue Law Office today for a free consultation with one of our compassionate and skilled wrongful death lawyers. We'll review your case, explain your legal options, and fight to secure the compensation you and your family deserve. With our help, you can focus on grieving and healing with your family while we handle the legal aspects of your wrongful death claim. Don't wait – call us now to schedule your free initial consultation and take the first step toward justice for your loved one.
A wrongful death case arises when someone's death is caused by the "wrongful act, neglect, or default" of another person or entity. This means that if your loved one wouldn't have died had it not been for another party's negligence (carelessness), recklessness, intentional act, or omission, you may have a wrongful death claim.
Wrongful death claims in Portland, Maine can arise from a variety of tragic circumstances. Some of the most common causes include:
Portland's busy streets and highways are unfortunately no strangers to fatal car, truck, and motorcycle accidents. When a loved one is killed due to another driver's negligence, such as speeding, drunk driving, or distracted driving, the surviving family members may have grounds for a wrongful death claim.
When healthcare professionals at Portland hospitals or other medical facilities fail to provide the standard of care, resulting in a patient's death, it may constitute medical malpractice. Examples include surgical errors, misdiagnosis, delayed diagnosis, and medication errors.
Portland is home to several nursing homes and assisted living facilities, such as Fallbrook Woods and Seaside Rehabilitation. If a loved one dies due to neglect or abuse in one of these facilities, the family may have a wrongful death case. Signs of neglect include bedsores, malnutrition, dehydration, and unsanitary living conditions.
Fatal accidents can occur in various work environments throughout Portland, from construction sites near the Old Port to industrial facilities on the outskirts of the city. When an employer's negligence, such as failing to provide proper safety equipment or training, results in a worker's death, the family may be entitled to compensation through a wrongful death lawsuit.
Defective or dangerous products, such as faulty vehicles, contaminated food, or malfunctioning medical devices, can cause fatal injuries. If a loved one dies due to a defective product purchased from a Portland business, like a grocery store on Congress Street or a pharmacy in the West End, the family may have a wrongful death claim against the manufacturer, distributor, or retailer.
Portland is known for its walkable neighborhoods and cycling culture, but pedestrians and bicyclists are vulnerable to serious accidents. If a loved one is killed by a negligent driver while walking or biking, the family may have a wrongful death case.
In each of these situations, the key to a successful wrongful death claim is proving that the negligent party's actions directly caused the death of your loved one. Our experienced Maine wrongful death lawyers at McCue Law Office can help gather evidence, consult with experts, and build a strong case on your behalf. We understand the unique challenges of pursuing a wrongful death lawsuit in Portland and are dedicated to helping families throughout Maine seek the justice and compensation they deserve during this difficult time.
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.
Wrongful death cases in Portland present unique challenges that set them apart from other types of personal injury lawsuits. Some of these challenges include:
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.
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.
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.
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.
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:
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.
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:
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.
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.
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.
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.
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.
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 are meant to compensate for the quantifiable financial losses incurred due to the wrongful death. These may include:
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 are intended to compensate for the intangible losses suffered by the surviving family members. These may include:
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.
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.
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:
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.
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.
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.
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.
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.
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.
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) 862-5290 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.
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