Wrongful Death Attorney | Portland

The loss of a loved one is a profound and life-altering experience. When that loss results from the negligence or wrongful actions of another, feelings of anger and injustice compound that pain.

A wrongful death lawsuit is a legal avenue for seeking justice and compensation for the surviving family. 

Understanding your legal options and rights is crucial during this difficult period. A wrongful death claim can provide financial compensation for medical expenses, funeral costs, lost wages, and other economic losses.

Additionally, it can help compensate for the immeasurable emotional pain and suffering experienced by surviving family members.

Navigating the legal system after a tragic loss can be overwhelming, but a skilled Portland wrongful death attorney provides invaluable support and guidance throughout the process.

The experienced Portland personal injury attorneys of Mann Law know how to protect your rights and represent your family’s best interests. 

If you are in need of legal assistance, please contact us right away.

Seeking Justice and Compensation

When a loved one’s life is tragically cut short due to the negligence or wrongful actions of another, the family has a right to seek justice and hold the responsible parties accountable. A wrongful death lawsuit aims to compensate the surviving family for both economic and non-economic losses. 

Economic damages include tangible financial losses, including the following: 

• Medical bills associated with the decedent’s illness or injury,
• Funeral costs and burial expenses,
• Lost wages, and 
• Loss of future earning potential. 

You’ll need to support your demand for economic damages using documentary evidence including receipts, invoices, pay stubs, and other similar proof. Retain all documentation surrounding your loved one’s wrongful death to help your attorney calculate the value of these losses. 

Non-economic damages account for intangible losses related to a victim’s injuries. Common examples include: 

• Pain and suffering, 
• Loss of companionship, and 
• Emotional distress.

Non-economic damages are more subjective in nature. These losses are challenging to pursue compensation for or even calculate without an attorney’s assistance.

However, for surviving family members, non-economic damages often provide the financial support to help move forward after such a devastating loss. While money can never replace the loss, it can assist families in picking up the pieces and continuing on in a positive direction. 

In addition to compensatory damages—which aims to reimburse the plaintiff for actual losses—the court can award punitive damages in certain wrongful death cases in Maine.

The purpose of punitive damages is not compensatory, it is punitive. In other words, the purpose of compensatory damages is to compensate the family for losses, but the purpose of punitive damages is to punish the defendant for egregious misconduct.

Punitive damages are also meant to deter similar behavior in the future.

However, it’s important to note that punitive damages are not commonly awarded. To be eligible for punitive damages, the plaintiff must prove that the defendant’s conduct was not merely negligent.

Instead, they must prove the conduct was malicious, intentional, willful, or grossly reckless. This is a high standard of proof, and the amount of punitive damages is typically capped by statute.

If you believe your loved one’s death was the result of such egregious conduct, consulting with a wrongful death attorney can help determine if punitive damages may be sought in your case.

How to Prevail on a Wrongful Death Claim 

To prevail in a wrongful death lawsuit, you need to establish that the defendant’s negligence caused the fatal injury. Negligence is a legal concept that requires proving the following four elements.

1. Duty of care. Proving the defendant owed a duty of care to the deceased means showing the defendant had a legal obligation to act responsibly to prevent harm. For example, drivers owe a duty of care to other drivers, pedestrians, and passengers.
2. Breach of duty. You must prove the defendant failed to meet the required standard of care. You can demonstrate this by showing the defendant acted recklessly, carelessly, or in violation of a law or regulation.
3. Causation. You will need to show the defendant’s breach of duty directly caused the decedent’s injuries and subsequent death. This requires showing a direct link between the defendant’s actions and the fatal outcome.
4. Damages. The decedent’s family must have suffered actual losses as a result of the death. These damages can include medical expenses, funeral costs, lost wages, and pain and suffering.

Proving negligence can be complex and requires substantial evidence. A skilled Portland wrongful death lawyer meticulously investigates the circumstances surrounding the death, gathers evidence, and builds a strong case to establish each element of negligence.

Common Types of Wrongful Death Cases

Wrongful death cases arise from various circumstances. Some of the most common types include:

• Car accidents—caused by negligent or reckless driving, drunk driving, or distracted driving;
• Medical malpractice—errors or omissions by healthcare providers that result in fatal outcomes;
• Workplace accidents—injuries or deaths caused by unsafe working conditions; and
• Product liability—defective products that cause fatal injuries.

Each type of case presents unique challenges.

The Wrongful Death Claims Process

Filing a successful wrongful death lawsuit is challenging without the help of a qualified personal injury attorney. The support of a seasoned lawyer who undertakes the following actions can make a significant difference in the outcome of your case. 

1. Investigate. Gather evidence to establish liability and the extent of damages. Such investigation often involves interviewing witnesses and obtaining medical records, police reports, and other relevant documents.
2. Calculate damages. Determine the full scope of the surviving family’s financial and emotional losses. This includes calculating economic, non-economic, and any available punitive damages. 
3. Negotiate. Seek a fair settlement through negotiations with the responsible party or their insurance company. An experienced attorney leverages their persuasive skills to achieve a favorable outcome.
4. Litigate. If a settlement cannot be reached, your attorney will prepare and present your case in court to seek justice and compensation.
5. Provide emotional support. Offer guidance, compassion, and understanding throughout the legal process.

By choosing a skilled attorney, you ensure that your loved one’s memory is honored, and your family receives the compensation it deserves.

The Statute of Limitations

It’s crucial to be aware of Maine’s statute of limitations for filing wrongful death lawsuits. The statute of limitations is the timeframe within which you must file a lawsuit.

Generally, you have three years from the date of death to file a claim. However, exceptions may apply in specific cases, such as homicides. Consulting with a Portland wrongful death attorney as soon as possible is essential to protect your rights.

Losing a loved one is a profound loss, and the legal process that follows can be emotionally draining. A wrongful death attorney in Portland helps you seek justice and closure.

By understanding your options and having a dedicated legal advocate by your side, you can focus on grieving your loss while your attorney handles the complexities of the case.

Discuss Your Case With a Compassionate Wrongful Death Lawyer in Portland Today

With over 50 years of combined experience, the attorneys at Mann Law are zealous advocates for individuals in wrongful death cases in Maine and New England.

At Mann Law, we are passionate about what we do and are committed to protecting what you value most.

Our legacy of success in navigating clients through some of life’s most difficult challenges has earned us an unmatched reputation in our community.

Our attorneys understand how the loss of a loved one can derail the course of your life.

You deserve to get compensation for the hardships imposed on you and your family by the careless acts of others. If you think you may have a claim, contact us today by phone or email.