Wrongful Death Claims in Penobscot County: The Basics

When someone you love dies because of another person’s carelessness, the grief is hard enough. Thinking about a lawsuit can feel wrong, or at least too much right now. But a wrongful death claim is how the law holds the responsible party accountable and helps a family cope with the financial damage left behind. Here’s how it works in Maine.

What makes a death “wrongful”

A wrongful death claim arises when a death is caused by someone else’s negligence or wrongful act, the kind of conduct that would have given the person a right to sue if they had survived. In Penobscot County, the cases we see most often come from:

• Car and truck crashes on I-95, Route 2, and the rural roads around Bangor
• Medical mistakes
• Dangerous conditions on someone else’s property
• Defective products
• Workplace incidents involving a third party

Who brings the claim

In Maine, a wrongful death claim is brought by the Personal Representative of the person’s estate. That’s the executor named in the will, or someone the probate court appoints. So the first step is often opening an estate in the Penobscot County Probate Court in Bangor, if one isn’t already open.

Any money recovered goes to the family members Maine law names, usually the spouse and children, or other heirs if there’s no spouse or child.

What has to be proven

Like other injury claims, a wrongful death case has to show that:

1. The other party owed a duty of care, like a driver’s duty to drive safely
2. They failed to meet it
3. That failure caused the death
4. The family suffered real losses as a result

Proving this usually takes evidence: police reports, crash reconstruction, medical records, and witness statements. The sooner we can start collecting it, the better.

What a claim can recover

Maine law allows recovery for several kinds of loss, including:

• Medical expenses from the final injury or illness
• Funeral and burial costs
• The financial support the person would have provided
• The family’s loss of comfort, companionship, and guidance
• The pain your loved one suffered before death, through a related claim

Maine places caps on some of these damages, and we’ll explain how they apply in your situation.

The deadline

In Maine, a wrongful death lawsuit generally has to be filed within three years of the date of death. Claims involving medical care have their own rules and steps. Don’t let that deadline sneak up on you while you’re grieving. A short phone call can tell you where things stand.

How we help

We know this is one of the worst times in a family’s life. Our job is to take as much of the legal work off your shoulders as we can: opening the estate, investigating, dealing with insurers, and keeping you informed without overwhelming you. Wrongful death cases are handled on contingency, with no fee unless we recover.

Gray & Palmer represents families in Bangor, Brewer, and across Penobscot County. Call us at (207) 945-5502, or read more on our wrongful death page.