Losing someone you love is one of the hardest experiences anyone can face. When that loss happens because of someone else’s actions or negligence, the emotional and practical challenges can feel even more overwhelming. This guide is meant to help families in Maine understand wrongful death claims and what steps they can take during this difficult time.
If immediate guidance is needed, reach out to Berman & Simmons today through our online contact form or call (207) 417-4199.
What Is a Wrongful Death Claim?
A wrongful death claim is a legal step families can take when someone dies because of another person’s negligence, recklessness, or intentional act. These claims allow the deceased person’s estate to pursue compensation for financial and emotional losses.
In Maine, the claim is filed by the personal representative of the estate, who is usually a spouse, adult child, or court-appointed executor. This representative acts on behalf of family members to help address both the practical and emotional impacts of the loss.
Common Situations That Lead to Wrongful Death Claims
Wrongful death cases can happen in many ways. Some of the most common situations include:
Motor vehicle accidents: Car, truck, or motorcycle crashes caused by careless or distracted drivers.
Medical mistakes: Errors made during treatment, surgery, or diagnosis that lead to death.
Workplace accidents: Fatal incidents caused by unsafe work conditions or employer negligence.
Criminal acts: Deaths resulting from intentional harm, such as assaults.
Each case is unique, and the law provides different paths for families depending on what happened.
Who Can File a Wrongful Death Claim?
In Maine, the law allows the personal representative of the deceased’s estate to file a wrongful death claim. Even though the representative files the case, the people who may benefit include:
Surviving spouses
Children (including adopted or stepchildren)
Dependent parents or relatives
This ensures that the people most affected by the loss have a voice in the legal process.
Understanding the Types of Damages
Families may be able to recover different types of damages through a wrongful death claim. These generally fall into three categories:
Economic Damages – These cover financial losses, such as lost income or financial support, and medical or funeral expenses.
Non-Economic Damages – These account for the emotional impact of the loss, including grief, mental suffering, and the loss of companionship.
Punitive Damages – In rare cases where the actions of the responsible party were extremely reckless or intentional, additional damages may be awarded.
Knowing the difference between these damages can help families understand what a claim might address.
Steps in a Wrongful Death Case
While every case is different, wrongful death claims usually follow these general steps:
Initial Consultation – Meet with a legal team to discuss the circumstances and possible next steps.
Appointment of a Personal Representative – The estate’s representative is designated by the will or the court.
Investigation – Collecting evidence, medical records, accident reports, and witness accounts is essential.
Filing the Claim – The personal representative files the case in the proper court within Maine’s legal deadlines.
Resolution or Trial – Some cases settle through negotiation, while others require trial to determine damages.
Taking these steps with guidance helps families focus on coping while ensuring their rights are protected.
Maine’s Statute of Limitations
Timing is critical in wrongful death cases. In Maine, claims must generally be filed within two years from the date of death. Waiting too long can result in losing the right to pursue a claim, which is why early guidance from a law firm can make a meaningful difference.
Contact Berman & Simmons for Support with Wrongful Death Claims in Maine
If a loved one has died due to another party’s negligence or wrongdoing, reaching out to discuss options is an important step. Berman & Simmons assists families across Maine, guiding them through the legal process with care and attention. Support is available statewide through our online contact form or by calling (207) 417-4199. Families do not have to face these challenges alone.
