When you lose a loved one suddenly, it has a devastating effect on your life. Your entire world turns upside down. It’s even worse when their death was due to someone else’s negligence or malice. When this happens, you deserve to be compensated for your loss, for your pain and suffering and the expenses you incur as a result of the death. However, pursuing these cases can be complex and very stressful at a time when that’s the last thing you need.
If you’re facing this kind of circumstance, you need an experienced Portland wrongful death lawyer for help. That’s why people in the Portland and Bangor areas turn to the services they get at Lowry & Associates Injury Attorneys.
What Is a Wrongful Death Case?
A wrongful death case is a kind of civil lawsuit that can be filed when someone dies as the result of someone else’s irresponsibility or malicious deliberate actions. In short, if someone else does something that causes someone to die, they can be held financially responsible for the death.
It’s important to note that a wrongful death suit is not a criminal case. The person who caused the death may be brought on criminal charges, or they may not; a wrongful death suit can proceed regardless. There are also no criminal penalties like jail time imposed through this kind of lawsuit; it’s intended only to compensate you for your losses.
Who Can File a Wrongful Death Lawsuit?
In Maine, the only person who can bring a wrongful death suit to court is the personal representative of the estate. Usually, but not always, this is the executor of the will. That means whoever suffered the losses must file the claim through the personal representative.
In addition, it’s important to note that the damages awarded in these cases are also awarded to the estate, and not to individual people. The estate then distributes the damages to the surviving beneficiaries. While this might seem like an extra step, it can actually be better for the various people who have suffered loss. Lowry & Associates Injury Attorneys are experienced Portland wrongful death attorneys who can help you get this done.
What Kinds of Benefits Can You Receive?
The estate of the deceased person can be eligible to receive a range of benefits from this kind of case, including all funerary and burial costs, any medical bills leading up to the deceased person’s passing, costs of damage to property, recovery of lost compensation, including potential future compensation, pain and suffering and any loss of companionship, care, guidance and the like. These damages can’t total more than $400,000.
In addition, there could be punitive damages awarded, if the act that caused the death was particularly egregious, like deliberate malicious action or drunk driving. Such punitive damages aren’t capped at a maximum.
Portland Wrongful Death Lawyer
In Maine, you only have two years after the date of death to file a wrongful death suit. In addition, pursuing these cases can get very complex and it can be tricky to build the right case and avoid critical mistakes. Your best bet is to hire the services of a Portland wrongful death lawyer.