A woman lays flowers on the casket of a loved one who died a wrongful death.

Trusted Legal Help for Grieving Families in Maine Since 1971

No family should have to face the legal system alone while grieving the loss of a loved one. At Lowry Law, we've proudly served Maine families since 1971, providing compassionate support, thorough investigations, and determined advocacy to hold negligent parties accountable. Put our 50+ years of experience to work for you and schedule a free case review with our Maine wrongful death lawyers. No upfront fees—just a trusted legal team commitment to pursuing justice for your family.

Get Your FREE Case Review

Wrongful Death Lawyer in Maine

When a loved one passes away due to someone else’s negligence, grief can feel overwhelming and you may be left searching for answers, struggling with unexpected expenses, and wondering what comes next. A wrongful death claim can give your family the opportunity to hold the responsible party accountable while pursuing the financial resources needed for the future. During this difficult time, turn to a trusted, compassionate ally to help you navigate the legal system.

At Lowry Law, we’re here to shoulder the legal burden for you. Since 1971, we’ve stood beside Maine families during times of unimaginable loss, providing skilled representation and unwavering support every step of the way. As your dedicated wrongful death lawyer in Maine, we’re ready to stand by your side and help ensure your family’s rights are protected. Whether you’re in Portland, Greater Bangor, Lewiston, or elsewhere in Maine, we’re ready to listen to your story, explain your options, and fight for the justice your loved one deserves.

Get a FREE Case Review

Proven Experience You Can Trust

For more than 50 years, Lowry Law has helped families navigate complex wrongful death claims. Our attorneys have the experience, resources, and determination to advocate for you and your family.

Personalized Guidance Through Every Step

You’ll work directly with an attorney who takes the time to understand your family’s story, keeps you informed, and provides the compassionate guidance you deserve.

No Financial Risk to Get Started

You shouldn’t have to worry about legal fees while coping with an unexpected loss. We offer free case reviews, charge no upfront costs, and only get paid if we recover compensation for your family.

Table of Contents

Maine’s Definition of Wrongful Death

Losing someone you love because of another person’s negligence is an unimaginable experience. While no legal action can undo your loss, a wrongful death claim can help you and your family pursue accountability, financial support, and a sense of justice during an incredibly difficult time.

In legal terms, a wrongful death occurs when someone’s death is caused by another party’s negligence, misconduct, or intentional actions. If the person had survived, they would have been entitled to file a personal injury claim. Since they cannot, their surviving family members or estate can file a wrongful death lawsuit on their behalf.

A successful wrongful death claim can provide compensation for both the financial and emotional losses your family has suffered, including medical expenses, funeral costs, and loss of companionship. No amount of compensation can replace your loved one, but pursuing a claim can help ease financial burdens while holding the responsible party accountable for the harm they caused.

Key Legal Details in Maine

  • Statute of Limitations: In most cases, you have 3 years from the date of your loved one’s passing to file a wrongful death lawsuit in Maine.
  • Who Can File: Under Maine law, the personal representative of the deceased person’s estate files the wrongful death claim on behalf of eligible beneficiaries.
  • Damage Caps: Maine generally does not cap economic damages, such as medical bills and funeral expenses. However, state law places limits on certain non-economic damages, including compensation for loss of companionship.

Types of Wrongful Death Accidents We Assist With

Wrongful death claims can arise from many different types of preventable tragedies. At Lowry Law, we represent families throughout Maine in wrongful death cases involving:

  • Car Accidents: Fatal collisions caused by reckless driving, speeding, or impaired drivers.
  • Truck Accidents: Large commercial vehicles can cause devastating accidents, often due to driver fatigue, improper maintenance, or overloading.
  • Motorcycle Accidents: Motorcyclists are vulnerable, and negligent drivers often fail to see them, leading to tragic outcomes.
  • Animal Attacks: Fatal injuries caused by dog bites or other animal attacks often result from an owner’s negligence.
  • Pedestrian Accidents: Pedestrians are at high risk of severe injury or death in accidents involving vehicles, often due to driver inattention.
  • Bicycle Accidents: Cyclists face serious risks when drivers fail to share the road, leading to fatal crashes caused by reckless driving, distracted driving, or unsafe passing.
  • Defective Drugs: Pharmaceutical companies may be held responsible if a dangerous or improperly tested drug causes fatal health complications.

If negligence or misconduct played a role in your loved one’s death, you don’t have to navigate the complexities of the legal process on your own. For over 50 years, Lowry Law has helped Maine families pursue justice with reliable, attorney-led representation. Our dedicated team will handle the investigation, gather the evidence needed to support your claim, and build the strongest case possible on your family’s behalf.

Get a FREE Case Review

Who Can File a Wrongful Death Claim in Maine?

Under Maine Revised Statutes Title 18-C, §2-807, it is usually the next of kin who has the right to file a wrongful death claim. That means if the deceased is married, the spouse would usually have the right. If the deceased is not married, any adult children would usually have the right. If the deceased left a will, the right to file the wrongful death claim will usually be with the person named to be the personal representative in the will.

While the claim is filed by the personal representative, it is done on behalf of the deceased’s surviving family members who may be entitled to compensation for the emotional and financial losses caused by the wrongful death.

If you’ve lost a loved one and are unsure who should take legal action, our attorneys at Lowry Law can help you understand your options, guide you through the probate process, and ensure your family’s rights are protected.

What Types of Damages Can Be Recovered in a Wrongful Death Lawsuit?

Losing a loved one due to someone else’s negligence can cause both emotional and financial hardship. While no amount of compensation can replace your loved one, Maine law allows surviving family members to seek compensation that reflects the full extent of these losses to help relieve financial burdens, provide for your family’s future, and hold the responsible party accountable. Depending on the circumstances of your case, damages in a Maine wrongful death lawsuit may include:

  • Medical Bills: Costs incurred before the deceased’s passing.
  • Funeral Expenses: Burial and memorial service costs.
  • Loss of Future Earnings: The income the deceased would have contributed to their family.
  • Pain and Suffering: Compensation for the emotional and physical suffering endured by the deceased.
  • Loss of Companionship: The emotional impact on family members due to the loss of their loved one.
  • Punitive Damages: In cases of extreme recklessness or intentional harm, additional damages may be awarded to punish the responsible party. However, these are rare and must meet specific legal criteria under Maine law.

Our attorneys approach each case with empathy and attention to detail, helping families pursue the full compensation they may be entitled to while honoring the memory of their loved one.

Maine Wrongful Death Damage Caps

Maine law places limits on certain types of damages:

Category of DamagesExamplesDamage Caps
Economic DamagesMedical expenses, funeral and burial costs, lost wages, lost future income, etc.No statutory cap. Families may recover the full value of proven economic losses.
Non-Economic DamagesLoss of comfort, society, companionship, and emotional support suffered by surviving family members$1,000,000 cap, adjusted annually for inflation (based on the Consumer Price Index).
Punitive DamagesRare, available in cases involving extreme recklessness or intentional harm$500,000 cap.

 

Every wrongful death case is different, and accurately valuing a claim requires careful analysis and a thorough understanding of Maine law. Our attorneys work with financial experts, medical professionals, and other specialists to calculate the long-term impact of your loss so your family can pursue the maximum compensation available.

Who Can Receive the Compensation Awarded in Maine Wrongful Death Claims?

Determining who receives compensation in a Maine wrongful death claim can be complicated. Generally, compensation may be distributed among surviving spouses, children, or parents, but each case is unique. The relationships involved and the specific family structure often determine how funds are divided.

Because these matters can quickly become complex, it’s best to speak with a knowledgeable wrongful death attorney who can help you understand your rights and how Maine law applies to your situation. Our legal team can help determine who may be entitled to compensation and guide you through every step of the process.

Get a FREE Case Review

See What Our Clients Are Saying About Us

5 Star Reviews

Everyone was very understanding, and they all knew me by my first name, it was a very comfortable place to go!

-Bonnie M.
5 Star Reviews

The injuries from this experience caused me to lose an entire year from my life. The company responsible for this accident cared nothing about my well-being and refused to work with me. Despite the odds, your firm was willing to take my case. The staff that handled my case was absolutely courteous, friendly, and appeared interested in me and my well-being. I would highly recommend your firm. Thank you so much for your kind and friendly service.

-Rita B.
5 Star Reviews

Marie Lopez is a great lady.  She was up on everything!  I could call anytime and she had all the paperwork on hand!

-Lenora M.
5 Star Reviews

I felt very comfortable with Don representing me.  I feel he did the very best job possible.  I was also very thankful to have a lawyer with as much experience in these types of cases as Don does.  Thanks again.

-Diane G.
5 Star Reviews

I am very pleased with all of your help, and if I ever need any help again I’ll be sure to call your office!

-Mona S.
5 Star Reviews

Michael Vaughn was extremely helpful to us throughout the case.  He was responsible to our needs and requests, and dealt with some very frustrating circumstances with grace and diplomacy.

-Marsha R.
5 Star Reviews

I really can’t comment on how to improve yourselves, but just to keep up with the way you handled my case.  I recommend you to all of my friends; it’s a pleasure knowing you’re out there!

-Michael S.
5 Star Reviews

I feel the firm handled my case in an honest and professional way.  I am very happy with my results and would use your firm in the future (though hopefully I won’t have to!)

-Robyn B.
5 Star Reviews

Between conversations and emails with Michael and Marie, I never felt as though I was not kept in the know about my case.  They were an incredible part of my team!

-Kristen D.
5 Star Reviews

I was treated with the utmost respect and kindness, I can’t think of any suggestions that might help enhance your firm!

-Annelle G.

See More Testimonials

How to Prove Negligence Caused Your Loved One’s Death

After a fatal accident, one of the biggest questions families have is, “Could this have been prevented?” A wrongful death lawsuit seeks to answer that question by determining whether another party’s negligence caused your loved one’s death. At Lowry Law, we conduct thorough investigations to uncover what happened and identify who is responsible.

To recover compensation in a Maine wrongful death claim, you must establish these 4 elements:

  1. Duty of Care: The responsible party owed a duty of care to the deceased.
  2. Breach of Duty: They failed to meet this obligation through negligent or reckless behavior.
  3. Causation: Their actions directly led to your loved one’s death.
  4. Damages: The death resulted in measurable losses, such as medical bills, funeral expenses, and emotional suffering.

Building a successful wrongful death case often requires extensive evidence, including police reports, medical records, accident scene photographs, surveillance footage, witness statements, and expert testimony. An experienced wrongful death lawyer knows what evidence to look for and how to preserve it before it’s lost.

Comparative Negligence in Wrongful Death Cases

Maine also follows a modified comparative negligence rule (14 M.R.S. § 156). If your loved one is found to have been partially responsible for the accident, any compensation may be reduced by their percentage of fault. However, if your loved one is found to be 50% or more at fault, your family may not be able to recover compensation.

Because insurance companies often try to minimize their liability by placing blame on the deceased, a thorough investigation is critical to protecting your family’s claim. Our attorneys work diligently to preserve evidence and counter attempts by insurance companies to shift blame or undervalue your claim.

How a Wrongful Death Attorney Can Help Your Family Pursue Justice

Following an unexpected loss, families are often left with more questions than answers. You shouldn’t have to navigate insurance negotiations, probate proceedings, court deadlines, and complex legal questions alone. A Maine wrongful death attorney can support you through the legal process and ensure your family’s rights are protected.

Our attorneys handle every aspect of a wrongful death claim so you can focus on healing. We help by:

  • Investigating the Cause of Death: Gathering evidence, witness statements, and expert testimony to determine exactly what happened and who is responsible.
  • Handling Insurance Negotiations: Dealing directly with insurance companies to seek a fair and full settlement, protecting you from being pressured into accepting less than you may be entitled to.
  • Navigating Probate & Court Requirements: Helping families understand who has the legal authority to file the claim, coordinate with the personal representative, and ensure all court filings comply with Maine law.
  • Calculating Damages: Assessing both economic and non-economic losses, including medical bills, funeral costs, loss of income, and the emotional toll on surviving family members.
  • Filing the Legal Claim: Managing all deadlines and paperwork required under Maine law to preserve your right to compensation.
  • Advocating for Justice: Standing up for your loved one in court if necessary, ensuring those responsible are held accountable.

A compassionate and qualified wrongful death attorney not only pursues justice but also provides the guidance and reassurance families need when navigating one of life’s hardest moments. Trust Lowry Law to advocate for you.

Lowry Law Advocates for Families of Wrongful Death Victims in Maine

Since 1971, Lowry Law has proudly served our fellow Mainers with dedication, integrity, and compassion. We understand that every wrongful death case is deeply personal, and we believe every family deserves direct access to experienced attorneys who will treat them with dignity, respect, and genuine care. As a local firm, we understand the challenges grieving families face in our community and we approach every case with the personal attention it deserves.

When you work with us, you can count on:

  • Personalized, Client-Focused Representation: We take the time to understand your family’s story, answer your questions, and develop a legal strategy tailored to your goals.
  • Compassionate Support: Our attorneys provide the support and guidance you need throughout your case, while keeping you informed every step of the way.
  • 50+ Years of Experience: Our team has over 50 years of combined legal experience successfully handling complex wrongful death cases.
  • Local Knowledge: As a Maine-based firm, we have deep roots in the communities we serve and extensive experience navigating Maine’s courts, probate process, and wrongful death laws.
  • Resources for Complex Cases: We have the resources needed to handle serious cases, challenge insurance companies, and build strong claims backed by evidence.
  • No Upfront Costs: You owe nothing unless we recover compensation for your family.
  • Free Case Reviews: Learn your legal options at no cost or obligation.

Our goal is simple: to help you find answers, achieve accountability, and secure the financial stability your family needs to move forward.

You’re not just another case file. You’re a family seeking justice for someone you love and we’re here to help you every step of the way. Let Lowry Law handle the legal challenges, protect your family’s interests, and fight for the justice your loved one deserves.

Get a FREE Case Review

Our Dedicated Maine Wrongful Death Attorneys

Attorney James C. Beardsley of Lowry Law

Attorney James C. Beardsley

View Bio
Attorney Mary K. Larsen

Attorney Mary K. Larsen

View Bio
Attorney Ashley H. Winslow

Attorney Ashley H. Winslow

View Bio
Attorney Colin Reilly

Attorney Colin B. Reilly

View Bio

What to Do After Losing a Loved One in a Fatal Accident

The days and weeks after losing a loved one can feel overwhelming. Taking a few important steps can help protect your family’s legal rights and ensure that justice is pursued on behalf of your loved one.

Here’s what you should do:

  1. Ensure Your Immediate Safety and Well-Being: After the incident, make sure you and other family members are safe.
  2. Request the Accident Report & Related Records: Obtain the official police report, medical records, financial records, and any documentation connected to the accident. These can serve as valuable evidence in a potential wrongful death claim.
  3. Avoid Speaking Directly With Insurance Companies: Insurance adjusters may contact you quickly, often before you’ve had time to process your loss. Avoid giving statements or signing anything until you’ve spoken with an attorney who can protect your interests.
  4. Preserve Evidence: Save photos, correspondence, and any physical or digital evidence related to the event. Even small details can make a big difference in proving fault later.
  5. Identify the Personal Representative: Under Maine law, wrongful death claims must be filed by the personal representative of the deceased’s estate. An attorney can help you determine who that is and assist with the necessary probate filings.
  6. Speak With a Wrongful Death Lawyer: A qualified attorney from Lowry Law can guide you through the process, from investigating what happened to filing a claim. Having legal support allows you to focus on you and your family’s well-being while your lawyer handles the legal complexities.

If you have questions about what to do next, Lowry Law is here to listen, explain your options, and help your family move forward with confidence. Get started today with a free, no-obligation case review.

Deadline to Bring a Wrongful Death Claim in Maine

In Maine, the statute of limitations for filing a wrongful death lawsuit is generally 3 years from the date of the deceased’s passing. Failing to file within this period may result in losing your right to pursue compensation. Depending on the circumstances of the case, certain exceptions may apply and some deadlines can be as short as 30 days. Speaking with a lawyer as soon as possible gives your family the best opportunity to preserve evidence, meet important filing deadlines, and protect your right to pursue justice.

Maine Wrongful Death FAQs

You may have a valid wrongful death case if your loved one’s death was caused by another party’s negligence, recklessness, or intentional misconduct. In most cases, you must show that the responsible party owed your loved one a duty of care, breached that duty, directly caused the death, and that the death resulted in financial and/or emotional losses. A wrongful death lawyer in Maine can review the facts of your case, evaluate the available evidence, and determine whether you may have grounds to pursue a claim.

In most cases, Maine law allows you 3 years from the date of death to file a wrongful death lawsuit. However, certain circumstances may affect this timeline. It’s best to speak with an attorney as soon as possible to avoid missing important deadlines.

The value of a wrongful death claim depends on many factors, including medical expenses, funeral costs, lost income and financial support, the circumstances of the death, and the losses experienced by surviving family members. Because every case is unique, a wrongful death attorney can evaluate your family’s situation and provide a more accurate estimate of the compensation that may be available.

No. Under Maine law, only 1 wrongful death claim may be filed. That claim is brought by the personal representative of the deceased’s estate, on behalf of all eligible beneficiaries. That being said, sometimes family circumstances are such that different family members may benefit from getting advice from different attorneys.

While you aren’t legally required to hire a lawyer, wrongful death claims often involve complex issues such as probate, liability disputes, insurance negotiations, and strict filing deadlines. An attorney can help protect your family’s rights, handle the legal process on your behalf, and work to recover the full compensation available under Maine law.

Wrongful death cases can be complex, as they require proving that someone’s negligence or wrongful act directly caused your loved one’s passing. Success often depends on strong evidence, expert testimony, and experienced legal representation. Working with an attorney who understands Maine’s wrongful death laws can significantly improve your chances of a favorable outcome.

Most wrongful death claims are resolved through settlement negotiations before reaching trial. However, if the insurance company refuses to offer fair compensation or disputes liability, your attorney may recommend taking the case to court.

Compensation in wrongful death cases is typically paid by the at-fault party’s insurance company. If the at-fault party lacks insurance or coverage is insufficient, other recovery options may be explored depending on the circumstances.

A wrongful death claim is a civil matter, meaning it seeks financial compensation rather than criminal punishment. However, the same event may also lead to a criminal case (such as manslaughter or homicide) filed separately by the state.

Although they often arise from the same incident, a wrongful death lawsuit and a survival action compensate different losses. A wrongful death claim seeks compensation for the losses suffered by surviving family members, such as funeral and burial expenses, lost financial support, and the loss of their loved one’s companionship.

A survival action is brought on behalf of the deceased person’s estate and allows the estate to recover damages the deceased could have pursued had they survived, including medical expenses, lost wages before death, and compensation for the conscious pain and suffering they experienced between the injury and their passing. In many cases, both claims may be pursued together to ensure all available damages are recovered.

Possibly. If Medicare, MaineCare, private health insurance, or another entity paid for your loved one’s medical treatment before they passed away, they may have a right to seek reimbursement from a wrongful death recovery through a medical lien or similar claim. A lawyer can identify and resolve valid liens, negotiate reductions when appropriate, and apply legal principles to help maximize the compensation your family may ultimately receive.

The wrongful death attorneys at Lowry Law handle cases on a contingency fee basis. This means there are no upfront costs, and you pay nothing unless compensation is recovered for your family.

Let Our Compassionate Maine Wrongful Death Lawyers Support Your Family

Losing a loved one because of someone else’s negligence is one of the most difficult experiences a family can face. While no lawsuit can undo your loss, pursuing a wrongful death claim can help provide answers, hold the responsible party accountable, and secure the financial resources your family needs to move forward with greater peace of mind.

For over 50 years, Lowry Law has proudly served families throughout Maine with dependable, attorney-led representation. We combine the resources needed to handle complex wrongful death cases with the personalized attention and responsive communication you deserve during this difficult time. From your first conversation with our team, you’ll have skilled advocates by your side who are committed to protecting your family’s best interests.

When you trust us with your case, we handle every aspect of the legal process. Your initial consultation is free, and because we work on a contingency fee basis, you pay nothing unless we recover compensation for your family. Let the compassionate Maine wrongful death lawyers at Lowry Law help you and your family pursue justice, protect your future, and honor your loved one’s memory. Contact us today.

Get Your FREE Case Evaluation

There's absolutely no obligation.