Wrongful Death

February 24, 2023

Seeking Justice Through a Maine Wrongful Death Lawsuit

Too often, the criminal justice system fails to bring justice to victims and their loved ones. When a person is found not guilty of a crime or faces a light sentence, the victim’s loved ones may feel that the criminal case failed to hold the perpetrator accountable for their profound loss. In these scenarios, a victim or their loved ones might look for another way to seek justice. When the criminal justice system fails to hold perpetrators accountable, a victim or their loved ones may turn to civil court and file a negligence lawsuit.

As a recent news article reported, a corrections officer received no jail time for an accident that killed a nine-year-old girl in Cumberland County, Maine. The accident occurred when the officer crashed his truck into an SUV, killing the girl who was riding in the back of the car. While on trial for manslaughter, the officer admitted he may have fallen asleep at the wheel. Prosecutors asked the judge for an 8-year sentence, 4 years’ supervision, and 100 hours of community service. The judge was much more lenient. At the sentencing hearing, the judge imposed a 6-year suspended sentence, 4 years probation, and 200 hours of community service. A suspended sentence is delayed until the convicted person completes probation, but judges often dismiss the sentence upon successful completion of the probation period. As a result, the officer likely faces no jail time.

Can You Sue a Driver Who Faced Charges in Criminal Court?

A criminal case does not affect your ability to sue a criminal defendant for damages in civil court. First, you can sue a driver who was found not guilty in a criminal trial—or who did not face criminal charges at all. Remember that a jury may find a person not guilty in a criminal case, but a jury could find that same person liable for civil damages. Second, you can sue a driver for damages even if they have to pay a criminal fine. Maine’s criminal law imposes fines as punishment for certain crimes, but these fines have nothing to do with civil liability for an accident. Even if the driver must pay criminal fines, you can still hold them responsible for civil damages.

February 8, 2023

Bringing a Wrongful Death Claim Following a Maine Head-On Collision

by Peter Thompson & Associates

Too often, head-on collisions result in severe injury and death. When a driver’s negligence causes another person’s death, the driver harms both the deceased and their surviving loved ones. In the wake of these senseless accidents, it is clear that no amount of money will ever bring a deceased loved one back. However, understanding how Maine handles wrongful death lawsuits can help the deceased’s loved ones think about their options for recovery.

As a recent news article reported, a head-on crash in Woolwich, Maine, killed one person and injured another. The crash occurred on a bridge in the northbound section of Route 1. While traveling southbound, a driver veered across the roadway into the northbound lane. The driver then collided head-on with a vehicle traveling northbound. Sadly, the driver died at the scene. The northbound vehicle’s driver was transported to the hospital to treat serious but non-life-threatening injuries.

Can You Bring a Wrongful Death Suit After a Maine Head-On Collision?

A person can bring a wrongful death suit for negligence if the negligent party would have been liable to the victim if he or she had not died. The reasoning is that wrongful death suits are a way to make sure negligent actors do not escape responsibility for their wrongdoing just because a victim is not alive to sue them personally. In Maine, a person bringing a wrongful death suit must do as the administrator of the deceased’s estate. However, the beneficiaries of the deceased’s estate can receive certain types of damages awards under Maine law.

September 30, 2022

Back-Up Accident Kills Maine Toddler

by Peter Thompson & Associates

Approximately 25% of all vehicle-related accidents can be attributed to backing up. This has contributed to over 500 deaths and 15,000 injuries each year. But less than 1% of a driver’s time behind the wheel is spent on reversing.

According to a recent article, a 2-year-old boy was involved in a tragic accident that led to his death in Naples, Maine. The boy’s father was backing out of the driveway at his residence in a pickup truck, but he unfortunately could not see the child in his way. Life-saving measures failed to revive the boy.

Accidents like these are devastating but can often be preventable. Drivers can follow safety tips to ensure back-up accidents are minimized. When drivers fail to follow tips, victims should call a personal injury attorney to discuss any potential claims. While monetary compensation cannot heal the wounds created by these tragic accidents, it can ease the logistical and financial pains that occur.

February 15, 2022

Sherriff’s Offices Wraps Up Investigation into Fatal Maine Car Accident

by Peter Thompson & Associates

Last July, a fatal car accident claimed the life of a woman when another motorist attempted to get back into the correct after passing several other vehicles. However, as the passing motorist entered the lane, he clipped another vehicle, causing his vehicle to spin out of control and crash into the woman’s Chevy Trailblazer.

According to a recent news report, the sheriff’s department charged with looking into the fatal accident just concluded its investigation and passed the file off to the local district attorney’s office. The district attorney is now considering whether criminal charges should be filed against the driver responsible for the collision.

Additional Details About the Accident

Evidently, the fatal accident occurred when a westbound Subaru Outback attempted to pass several other vehicles while driving on Surry Road. However, as the driver of the Subaru merged back into his lane, he clipped the side of a Honda Civic, causing him to lose control of his vehicle, which then collided with a Chevy Trailblazer.

September 16, 2021

Maine Motorcycle Passenger Claims Against Impaired Motorcyclist

by Peter Thompson & Associates

In Maine, those charged with Operating a Vehicle Under the Influence (OUI) may face serious criminal and civil penalties for any ensuing damages and injuries caused by impaired driving. An OUI refers to a motorist operating their vehicle with a blood alcohol content of .08% or higher. The threshold may vary depending on the type of vehicle the driver was operating.

In most personal injury and wrongful death claims, the injury victim or deceased’s estate must establish all the elements of negligence claims. In some cases, the at-fault party is the person operating the vehicle that the victim was a passenger. However, in Maine, passengers have the same right to recovery regardless of whether they were in the vehicle with the at-fault driver.

While the law permits the claim, injured passengers should be cognizant of how the state’s comparative negligence laws may play into their cases. In Maine, the law may bar a plaintiff’s action if their negligence is equal to or greater than the defendant’s. Unlike other states, a violation of a statute does not constitute negligence per se. However, the evidence may be used to support a negligence claim. Cases involving OUIs can present challenges to plaintiffs, especially if the defendant or other party claims that the plaintiff knew that the driver was under the influence. However, Maine law explains that a plaintiff’s awareness of a danger which results in his injury is not an absolute bar to recovery. This frequently comes up when an injured passenger knew that the at-fault driver was under the influence of drugs or alcohol.

February 10, 2021

Two Maine Teenagers Killed in Tragic Car Accident

by Peter Thompson & Associates

Car accidents are usually sudden, unexpected events and often end with significant injuries or even death. When someone in an accident was killed as a result of another party’s negligence or was perhaps a passenger in a vehicle where the driver operating the vehicle itself was negligent, family members of the deceased may have grounds for a Maine wrongful death claim.

According to a local news report, two teens were killed, and several others were seriously injured following a major car collision. Local authorities reported that a Toyota Avalon crashed into a Pontiac carrying four teenage passengers, which left two of the teenagers, ages 17 and 15 respectively, dead at the scene. The couple that was in the Avalon and one of the teenage passengers remain hospitalized with serious injuries. Law enforcement is still investigating the crash and trying to identify what caused the accident to take place.

Following a tragic accident, filing a claim may be the furthest thing from your mind. However, a wrongful death claim could provide a valuable avenue for recovering compensation for injuries that lead to death. A wrongful death lawsuit is a type of personal injury claim where surviving members of the deceased’s family or other designated individuals can seek damages after the deceased’s death. Wrongful death claims were originally and historically created to provide loved ones with an avenue for recovery and to avoid situations where the at-fault or responsible party could get away with their actions simply because the victim died.

January 27, 2021

Two Maine Residents Killed in Crash Stemming from Police Chase

by Peter Thompson & Associates

Maine car accidents are common, especially when roads are crowded and vehicles are moving at high speeds. Throw into the mix a police chase, and the risk of an accident increases exponentially. According to a recent local news report, two people died in a car accident stemming from a police chase on the interstate. Evidently, a man led police on a high-speed chase, which caused traffic to slow significantly on one side of the highway. In the midst of the heavy traffic, a tractor-trailer collided with a passenger vehicle, which pushed it under another tractor-trailer. Two local Maine residents were pronounced dead at the scene. The collision remains under investigation, but police have identified the driver in the chase that caused the major traffic stall, who faces multiple charges related to the chase.

In Maine, following a fatal accident where someone dies because of another party’s irresponsibility or negligence, wrongful death claims are available for certain individuals to file on behalf of the deceased. Because of the complexity of these claims, potential plaintiffs who are considering filing a wrongful death claim are always advised to contact an experienced personal injury attorney who can navigate local state laws with ease.

In wrongful death claims, many potential plaintiffs do not realize that an individual or at-fault party could be found not guilty in a criminal case, but still be responsible for damages in a wrongful death case since these claims are civil in nature. Most of the time, wrongful death cases are advanced by surviving family members seeking financial compensation following a tragic accident.

October 28, 2020

Maximizing a Maine Accident Victim’s Recovery when Restitution is Insufficient

by Peter Thompson & Associates

Under Maine law, an individual who suffers injuries because of another’s negligence or reckless conduct may hold at-fault parties or entities responsible for their damages. In some cases, the other party may be responsible under both civil and criminal statutes. Generally, tort or civil claims involve situations where one or more parties’ negligence directly or proximately causes personal damages to another person. Whereas criminal conduct involves a wrong committed against society, in general. The difference between this conduct generally involves the method of wrongdoing, the actor’s intent, and the effect on society. However, in some cases, a tort activity may involve criminal conduct. In either case, a victim may be entitled to damages through civil awards or court-ordered restitution.

Court-ordered restitution is “monetary reimbursement ordered at the offender’s sentencing.” This reimbursement may include a combination of monetary compensation or services by an offender to the victim of a crime and the economic loss caused by the crime. Under the law, criminal courts cannot impose restitution for pain and suffering. In cases where restitution is a condition of an offender’s probation, a probation officer will monitor compliance. Also, the Maine Crime Victims’ Compensation Program may provide additional compensation for a victim’s expenses.

Victims must understand that criminal restitution does not negate their right to civil damages. Court-ordered restitution and civil damages serve different purposes. Victims who seek compensation through the civil system do not need to establish that the victim was guilty through the criminal system. Restitution is designed to rehabilitate the offender and deter future criminal behavior. In contrast, a civil judgment is aimed at compensating the plaintiff for their losses. Although civil plaintiffs can recover through restitution, this does not always cover the extent of the victims’ losses.

October 14, 2020

Maine Court Rules in Favor of Plaintiff in Bystander Negligent Infliction of Emotional Distress Claim

by Peter Thompson & Associates

When you witness an accident, especially involving a close family member or loved one, it can often be a traumatic experience. Thankfully, the law provides various opportunities to recover in the wake of these incidents. When a bystander only hears — and does not see — an accident occur, however, the legal calculus can often become complex.

In a recent Maine Supreme Court opinion, a couple sued after an accident resulted in their son’s death. The plaintiffs had their own company and employed their son as a foreman. On the day of the accident, an employee of the defendant arrived at the plaintiffs’ home to deliver supplies. The delivery included multiple pieces of extremely heavy concrete. During delivery, one of the pieces fell off the forklift and landed on the plaintiffs’ son. The plaintiff’s father was in another part of the house when he heard a loud bang, followed by screaming. He ran to the scene and found his son lying face down with blood coming out of his mouth. After the concrete was removed, the plaintiff performed mouth-to-mouth resuscitation on his son for thirty to fifty minutes. The plaintiff’s son never regained consciousness and died by the time EMTs arrived. For several hours after he died, his body remained in the yard of the plaintiffs’ home awaiting the official investigation.

Following the accident, the deceased’s father was unable to move back into his home because of emotional pain and threatened suicide several times to his wife. The couple was later divorced. The deceased’s father filed a bystander negligent infliction of emotional distress (NIED) claim individually, and the deceased’s mother filed a loss of consortium claim against the defendant. The lower court ruled in favor of the defendant, and the plaintiffs appealed.

June 19, 2020

Maine Wrongful Death Lawsuits Following Fatal Car Accidents

by Peter Thompson & Associates

Losing a loved one in any type of accident is a tragedy that words cannot adequately describe. While nothing can bring back a loved one who was senselessly lost as the result of a preventable accident, family members may be able to ease the financial burden associated with such a loss through a Maine wrongful death lawsuit.

A wrongful death claim is very similar to a traditional personal injury case in that the plaintiff, the deceased accident victim’s loved ones, must prove that the defendant was legally responsible for their loved one’s death. To prove a Maine wrongful death case, a plaintiff must show that the defendant owed their loved one a duty of care and that the defendant’s actions violated that duty. Additionally, a plaintiff must show that the defendant’s violation of this duty was the legal and proximate cause of death. Wrongful death cases in Maine must be filed within two years of the accident victim’s death.

If a plaintiff is successful in a wrongful death claim, they can recover economic and non-economic damages. Economic damages include the out-of-pocket expenses associated with the plaintiff’s loss, including medical expenses and lost wages. Non-economic damages include “loss of comfort, society, and companionship of the deceased, including any damages for emotional distress.” Notably, non-economic damages are generally limited to $750,000. In some cases, punitive damages can be awarded. Punitive damages are intended to punish the exceptionally egregious behavior of the defendant and are capped at $250,000.