The short answer to that question is “Yes”. Although a successful prosecution of an individual for the death of another can be helpful in a wrongful death lawsuit, it is not required. An experienced personal injury lawyer can file a wrongful death civil suit on behalf of the decedent’s loved ones regardless of whether a criminal prosecution took place.
In addition to compensation for wrongful death, there may also be a claim for the pain and suffering experienced in the moments, days, months or years that precede death. This type of claim arises under Maine’s survival statute. If a person who has suffered personal injuries because of another’s wrongful conduct later dies, Maine’s survival statute allows the estate of the deceased to pursue recovery of compensation for the pre death pain and suffering.
Although money can never replace what has been lost, seeking compensation can help families pay for their loved ones’ medical bills and funeral expenses. Hiring an attorney who is experienced in wrongful death and survival lawsuits is essential. Having an experienced attorney increases your likelihood of obtaining the compensation you deserve.
Common Wrongful Death Cases
Motor Vehicle Accidents
All motorists are legally obligated to exercise caution while operating vehicles.
Motorists are required to:
- Obey the rules of the road.
- Take current road conditions into account.
- Be mindful of other motorists and pedestrians.
When medical personnel fail to perform their duties in accordance with the established standard of care, they may be held liable for a patient’s injuries and his or her death. A personal injury attorney can help family members obtain the compensation they deserve.
Under product liability law, designers, distributors and product manufacturers are required to ensure that their products are safe. If a product has a design, marketing or manufacturing defect and someone dies as a result of this defect, the party responsible for the defective product may be held accountable. An experienced attorney can help loved ones attain compensation for their losses.
Successful litigation requires a personal injury lawyer with extensive knowledge about Maine’s wrongful death laws. If you live in or near Androscoggin County and you have lost a loved one due to the deliberate actions, negligence or recklessness of another, you should investigate your legal rights. Contact us today, so one of our experienced and knowledgeable attorneys can assist you.