Wrongful Death

Serving The Entire State of Maine Including: Bangor, Biddeford, Lewiston, and Portland

Frequently Asked Questions

Q. What is the difference between a civil and criminal wrongful death case?

In a civil wrongful death case, the dispute is usually over legal rights and duties owed between individuals and organizations. Penalties typically take the form of a monetary judgment. In a criminal case, a governmental entity seeks to punish someone for a criminal act resulting in a death. The burden of proof tends to be higher and penalties can involve criminal sanctions such as imprisonment.

Q. How do wrongful death claims differ from other personal injury claims?

One main difference is that monetary judgments are awarded to the estate of the victim rather than to the victim him or herself. For a wrongful death case to proceed, an executor or personal representative of the victim must be appointed in a separate probate proceeding. Each state has different rules with regard to who can sue for wrongful death. Wrongful death cases can also include damages for loss of companionship and affection and for the loss of future potential earning capacity of the deceased.

Q. What other kinds of damages are recoverable in a wrongful death case?

In a wrongful death claim, the following damages are among those that may be recovered:

• Immediate expenses such as medical and funerary
• Loss of the decedent’s benefits such as medical coverage and pension
• Loss of inheritance due to the untimely death
• Mental anguish or pain and suffering to the survivors
• Pain and suffering the decedent endured prior to death
• General and punitive damages

Q. What if the decedent never held a job?

If, for example, the decedent was a stay-at-home husband or wife, he or she may have guided, nurtured, and provided services to his or her family. These contributions may be quantified in a wrongful death case as “pecuniary losses”.

Q. When should a decedent’s estate file a wrongful death claim?

If a wrongful death suit is warranted, it should be filed sooner rather than later. Legal counsel should be retained as quickly as possible so that evidence is preserved and to ensure that circumstances surrounding the death are investigated promptly and thoroughly. An experienced wrongful death attorney will also be aware of the time limit or “statute of limitations” in which a wrongful death claim may be filed in the corresponding jurisdiction.

Contact Lowry & Associates today if your loved one has passed away and you believe it is the result of another person’s negligence. Our wrongful death attorneys will provide you with a free initial consultation.

If you or a loved one has been injured anywhere in Maine including Portland and Bangor, because of another person's negligence, please e-mail or call us today at 1-800-999-LEGAL.

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