Wrongful Death

August 14, 2019

Maine Wrongful Death Cases

Losing a loved one in any kind of accident is a tragic, life-altering experience, especially when the accident resulting in your loved one’s death was preventable. While nothing can bring a family member back, or ease the pain caused by such a loss, aggrieved family members may find some solace in holding the responsible party accountable through a Maine wrongful death lawsuit.

A wrongful death claim is a type of Maine personal injury claim in which the personal representative of the accident victim brings a claim against the parties believed to be responsible for the accident victim’s death. Wrongful death cases are commonly brought after fatal Maine car crashes, workplace injuries, or other tragic, preventable accidents.

This year, the Maine Legislature reorganized the state’s probate code, which contains the wrongful death act. Before July 1, 2019, wrongful death actions were brought under Maine Revised Statutes Title 18-A section 2-804; however, moving forward these claims are controlled by Title 18-C section 2-807. For the most part, the laws governing wrongful death cases are unchanged, with a few minor differences related to how courts distribute wrongful death damages awards.

December 7, 2018

Maine Car Accident Results in Two Deaths, One Felony Conviction

by Peter Thompson & Associates

A fatal car accident in Prospect resulted in the deaths of two men and, now, the felony conviction of a man suspected – but not proven – to have been the negligent driver of that vehicle. Bangor car accident attorneys know the case represents some unique elements from a wrongful death litigation perspective, due to the fact the person who was driving was not conclusively decided.

According to The Bangor Daily News, the 2016 crash involved a pickup truck on North Searsport Road on an afternoon in September 2016. What authorities know for certain is there were three occupants in that vehicle at the time the truck slammed into a utility pole, causing the truck to roll over several times, ejecting all three from the vehicle. Investigators determined speed was a major factor in the crash, but several crash scene reconstruction experts called to investigate for the prosecution and defense were unable to determine who was driving at the time of the collision – the 33-year-old surviving defendant or one of the two men who died, ages 59 and 35. Defendant, who suffered serious head injuries in the collision, cannot remember who was behind the wheel. Investigators know that defendant had been driving at other times during that day. Blood found on the driver’s side airbag was determined to belong to the surviving defendant, prompting serious felony charges of manslaughter and other crimes. However, an expert later determined the blood on the airbag most likely came form the person sitting in the center, not the driver. The more serious charges were dropped, but defendant was still charged with operating without a license as a habitual offender (resulting in a 3.5 year prison sentence) and violating conditions of his release (six months, to be served concurrently).

As for a Maine wrongful death lawsuit, a case where the driver cannot be identified poses some challenges. Still, our Bangor wrongful death car accident attorneys know there may be a number of potential options for compensation.

October 25, 2017

Bangor Dog Bite Injury Proves Fatal to Infant

by Peter Thompson & Associates

A family is mourning the tragic loss of their infant after a reported attack on the child by the family’s dog. The Bangor Police Department reported emergency responders were called to the family home about an injured infant, who was transported to Eastern Maine Medical Center. Sadly, the child died of those injuries about a week later.

The death is under investigation by police. This devastating incident underscores the fact that of the 4.5 million dog bites reported by the U.S. Centers for Disease Control and Prevention (CDC) each year, it is children who are the most at risk.

While there are almost always a handful of Maine dog bite attacks reported annually, they are not often fatal. Six years ago in Frankfort, a seven-month-old infant was mauled to death by the family’s Rottweiler while at home with her mother and toddler brother. Then, in Corinna last year, a seven-year-old was killed in an attack by a pit bull while playing outside his father’s home.

September 15, 2017

Maine Grocery Store Sued for Premises Liability After Violent Attack

by Peter Thompson & Associates

In the criminal justice system, only those with actual involvement in the crime will be held to account. But in the civil justice system, victims of violent criminal attacks may seek compensation from third parties in some circumstances – even if the third party had no part in the facilitation of the crime. A Maine negligent security lawyer can help bring this type of claim.

Primarily, this occurs in situations in which a property owner or venue had a duty of care to protect customers or occupants, but it failed to do so. Even though a property owner isn’t necessarily aware that a particular crime is about to be carried out, some offenses may be foreseeable, based on:

A pattern of prior similar occurrences on or near that property;

June 2, 2017

Maine Bill Would Allow Wrongful Death Lawsuits for Death of Unborn Children

by Peter Thompson & Associates

Lawmakers in Maine are weighing whether to amend the state’s wrongful death statutes to allow claims for the deaths of unborn children. The proposal would specifically exempt physicians who conduct legal abortions, although some pro-choice advocates say the law would nonetheless undercut women’s reproductive rights.

Supporters of the measure opine it’s an avenue for family members to seek financial redress when a fetus dies as a result of neglect, default, or some wrongful act – by a driver, a doctor, a manufacturer, or another party. Those opposed to the measure say it isn’t necessary under state law, and the true purpose is to chip away at a woman’s right to choose.

The bill, L.D. 327, would give families the opportunity to seek damages in probate court under wrongful death statutes if a fetus that is viable (i.e., has reached at least 24 weeks of age) dies as a result of someone else’s negligence. This would not be a unique move. In fact, 40 other states – including all of the other states in New England – provide some avenue for family members to seek financial compensation if an unborn baby dies because of another party’s wrongdoing or neglect.

August 30, 2016

Kay v. Wiggins – Maine Wrongful Death Lawsuit Barred by Workers’ Compensation Exclusivity

by Peter Thompson & Associates

In most situations wherein someone’s injury or death is caused by the negligence of another, a civil lawsuit may be in order. However, if the injured party was working or acting in the course and scope of employment at the time of the accident, the case could become more complicated.

Workers’ compensation laws in Maine contain something known as an exclusive remedy provision. This means that the only remedy one has against his or her own employer for work-related accidents, injuries and illnesses is workers’ compensation, which typically covers medical bills and a portion of lost wages, but nothing else. There can sometimes be grounds for a third-party lawsuit against others aside from the employer. There are also situations in which entities wrongly label themselves as “employers” when in fact they are not, in which case litigation is still appropriate.

These are matters that must be handled by an experienced Portland injury lawyer. Continue reading

May 11, 2016

Maine Car Accident Kills Sanford Baby Girl on Wells Turnpike

by Peter Thompson & Associates

A baby girl was killed in a Maine car accident on the state turnpike in Wells. Four other people were injured in the crash, according to The Portland Press Herald.

It was about 4 p.m. Heavy rains poured onto the roadway. A 22-year-old woman was at the wheel. The 11-month-old baby girl was in the back seat.

The driver allegedly lost control of the vehicle, slammed into guardrails and then came to rest along the tree line on the southbound side of the turnpike. The girl’s mother, 21, had been in the front passenger seat of the car. She and the driver were transported to the Maine Medical Center in Portland with serious injuries.

Two other children in the vehicle – a 3-year-old girl and a 4-month-old boy – survived with minor injuries. Those two, identified as the offspring of the driver, had been buckled into proper child safety harnesses. The 11-month-old girl had also been buckled into a child safety seat in the back. However, she nonetheless suffered fatal head injuries. She was transported to a local hospital, where she died of her injuries. Continue reading

April 30, 2016

Fatal Fall From Portland Hospital Window Was Negligence, Family Says

by Peter Thompson & Associates

The family of a motorcycle accident victim who died after falling six stories from his hospital room window says he was not suicidal. Disoriented? Yes. He was suffering from brain injuries, his daughter said. He wanted to go home.

But the hospital had a duty to make sure he was safe and not a danger to himself.

Determining whether his fatal injuries were the result of general negligence or medical malpractice will be part of what the family’s recently-hired injury lawyer will be exploring. Continue reading

April 15, 2016

Widower of Maine Car Accident Victim Sues Two Drivers

by Peter Thompson & Associates

The surviving husband of a 67-year-old woman who died as a passenger in a Maine car accident has filed a lawsuit to recover damages from the two drivers involved in the wreck. One of those drivers is a young, uninsured motorist who was without a license at the time of the crash. The other is his late wife’s sister.

Although it may seem unsettling that one would take legal action against a relative, especially one who has likely already suffered such trauma, there is a very practical reason for such action. It has to do with insurance coverage and the fact that the 22-year-old driver who struck the two women didn’t have any.

Meanwhile, decedent and her sister were covered by uninsured motorist (UM) coverage and underinsured motorist (UIM) coverage. These coverage forms will provide coverage when the at-fault driver(s) either don’t have any insurance or when the insurance available isn’t enough. Continue reading

December 30, 2015

Metro Prop. & Cas. Inc. Co. v. Estate of Benson – Compensation for Fatal Criminal Attack

by Peter Thompson & Associates

When serious or fatal injuries are caused by another person’s negligence, the victim and/or surviving family have a right to pursue compensation for their losses. However, when the injuries sustained are the result of an intentional act, collecting becomes a more complicated matter. The reason is that while victims are still entitled to damages insurance companies often have policy exclusions for intentional criminal acts resulting in injury or death. That often leaves a plaintiff’s only recourse collection directly from the wrongdoer.

In many instances, that individual lacks the resources and assets to adequately compensate the victim(s). That doesn’t necessarily mean it is not worth it to pursue such a case, but the viability must be carefully weighed.

Recently, the Maine Supreme Judicial Court considered a lawsuit against a homeowners’ insurance company brought by the family of a man killed by another on property belonging to attacker’s grandmother. In Metro Prop. & Cas. Inc. Co. v. Estate of Benson, the court was asked to consider whether insurer could be liable for wrongful death despite its intentional tort exclusion in the policy. Continue reading