Maine Wrongful Death Attorneys

The death of a loved one is a devastating loss in the best of circumstances. During this time of emotional turmoil, employers will usually give you time off, and even strangers may offer assistance.

Unfortunately, the Maine legal system isn’t equally solicitous, and that places a burden on you. When you’ve recently lost a loved one due to the negligence of another party, you need to act swiftly to get any compensation allowed by law.

Thankfully, the law allows a wrongful death attorney to represent you. With a Maine wrongful death lawyer supporting your case, you can focus on grieving while your attorney fights to get you the compensation you need.

Don’t let the system mistreat you after the death of a loved one. Contact the Maine wrongful death attorneys at Gideon Asen as soon as possible to learn how we can help you recover financially after an unexpected death.

When Can You File a Wrongful Death Lawsuit in Maine?

Imagine that you are involved in a car accident or a bike accident, and you consult with a lawyer to determine whether you can file a lawsuit against the other party in the accident. The first thing the attorney would do is identify the at-fault party in the collision.

If, after examining the evidence, your lawyer determined that your actions were responsible for the injuries you suffered, they would tell you that you don’t have a case. However, if the evidence shows that the other party intentionally or negligently caused your injuries, your attorney would explain that you are eligible to file a lawsuit.

A Maine wrongful death case works similarly. The only difference is that the wrongful death attorney determines whether the deceased theoretically would have had the right to file a personal injury lawsuit had they survived. If they would have been eligible, then you can likely file a wrongful death lawsuit.

Don’t delay after the unexpected loss of a loved one. Contact Gideon Asen immediately to schedule a free consultation and case evaluation to determine whether you have the right to pursue legal action.

Challenges in Filing a Maine Wrongful Death Claim

Filing any type of lawsuit is challenging. However, wrongful death lawsuits in Maine are typically even more complex than personal injury claims. That doesn’t mean it isn’t worth pursuing a Maine wrongful death case. Your lawyer can help you navigate and overcome the following complications.

Gathering Evidence

During a personal injury lawsuit, your lawyer will question you extensively about the events that led to your injury. Even if you don’t have a perfect memory of the events, your answers to these questions give your attorney a starting point for investigating the circumstances of your injury.

However, in a wrongful death claim, the attorney can’t speak directly with the deceased. This makes it much more difficult to acquire evidence. The lawyer will have to rely on secondhand accounts from witnesses and any physical evidence that happens to be collected.

This also means that it is very important to contact an attorney quickly. Evidence of this type can disappear if it is not swiftly preserved. Our wrongful death attorneys at Gideon Asen understand this difficulty and will take action soon after you contact us.

Time Limit to File a Lawsuit

Time is limited for a second reason. When you are injured by another person, Maine law typically gives you six years from the date of your injury to file a lawsuit against the responsible individual. However, that time is cut to three years when you are filing a wrongful death lawsuit unless the death was a result of homicide.

Personal Representative

Another complication in wrongful death claims is that while you may be eligible to obtain damages, you might not be eligible to file a lawsuit. Only the personal representative or special administrator of the deceased can file a lawsuit in Maine.

Typically, a personal representative is assigned in the will of the deceased. However, if they don’t have a will, the courts may assign a special administrator. If your loved one died intestate, a lawyer at Gideon Asen can help you petition to be assigned to that role.

The good news is that even though the personal representative files the lawsuit, the proceeds of that lawsuit are distributed to the heirs of the estate. This can be a little complicated, though, so you should hire a Gideon Asen wrongful death lawyer to represent you even if you aren’t the personal representative.

This will also be important if the personal representative chooses not to file a wrongful death lawsuit or doesn’t pursue your interests. Our legal team may be able to challenge these decisions in court.

Calculating Damages

The final significant challenge is determining damages. When you are involved in a personal injury lawsuit, calculating damages is usually reasonably easy. Unless your injuries are very serious, your attorney can wait until you have recovered to file a lawsuit.

Once you are fully recovered, it is easy to determine the precise value of your claim. Your lawyer needs only to preserve all bills and work records.

However, this can’t be done with a wrongful death claim because a significant portion of the claim involves future losses and expenses.

For example, if the deceased was relatively young, they might have worked another 30 years. That is 30 years of income that needs to be calculated because dependents would have received it had the deceased survived.

Skilled wrongful death attorneys in Maine have the experience to accurately calculate these damages, even when they involve decades of theoretical expenses and losses. Contact the lawyers at Gideon Asen to discuss what types of damages you are eligible for and what needs to be done to prove your claim.

FAQ

Where Do I File a Wrongful Death Claim?

A wrongful death claim is filed in the state where your loved one died. This is true even if you live in another state. If your loved one died in Maine, contact our law firm right away for a free consultation.

Do I Have to File a Wrongful Death Lawsuit to Get Compensation After a Loved One Dies?

That depends on several factors. However, in many cases, you may be able to file a third-person insurance claim against an appropriate insurance policy instead of filing a wrongful death lawsuit.

Filing a claim against an insurance policy is usually preferable because insurance settlements take a lot less time than trials. However, this also means you have to deal with the bureaucracy of the insurance claim process. Our experienced legal team will help you navigate this process and will negotiate for a fair settlement whenever possible.

What Types of Damages Can I Get From a Maine Wrongful Death Claim?

No two claims are alike. However, typically, you will be eligible to get some or all of the following types of damages:

• Medical bills related to what caused the death of your loved one

• Burial and funeral costs

• Money the deceased would have earned had they survived

• Expenses incurred for services the deceased would have performed

• Compensation for emotional pain and mourning

• Compensation for loss of companionship

Your Maine wrongful death lawyer at Gideon Asen will help you determine what types of damages you qualify for and will preserve records that support your claim. Depending on your circumstances, gathering this evidence could take several months or years.

Will the Proceeds of a Maine Wrongful Death Lawsuit Enter Probate?

Typically, the proceeds from a wrongful death lawsuit in Maine do not enter probate. Instead, those proceeds are directly assigned to heirs. There are exceptions to this rule, though. You should discuss how you will receive compensation and whether they are subject to probate with your Gideon Asen wrongful death attorney.

Contact Gideon Asen When You Need a Wrongful Death Lawyer in Maine

If you are the heir of someone who died due to the negligent actions of another party, Maine law allows you to get compensation for your loss. The attorneys at Gideon Asen have a long history of helping people like you get compensation after the death of a loved one. Contact our law firm to schedule a free consultation right away.