Wrongful Death Foster Law Injury Trial Lawyers

Portland Wrongful Death Lawyer

Compassionate Support for Families of Wrongful Death Victims in Maine

Losing a loved one under any circumstance can be tragic and unbearable, but when a death is the result of negligence or deliberate violence, the pain is amplified by a feeling of injustice. You will understandably have questions about what can be done to hold the responsible party accountable. At Foster Law, we recognize the emotional turmoil you are going through and are deeply committed to helping you enforce your rights in these unimaginable scenarios.

Step-by-Step Guidance for Your Wrongful Death Claim

Navigating a wrongful death claim can be overwhelming, especially during such a difficult time. At CFoster Law, PLLC, we believe it’s essential for families to understand the legal process involved. Our experienced team is committed to guiding you every step of the way, ensuring you feel empowered and informed.

Here’s what to expect when pursuing a wrongful death claim:

Initial Consultation: We’ll discuss the details of your case, answer your questions, and determine the best course of action.
Investigation: Our legal team will thoroughly investigate the circumstances surrounding the death, gathering evidence to support your claim.
Filing the Claim: We will handle all the necessary paperwork and file your claim within the required time limits, ensuring that your rights are protected.
Negotiation: Our skilled negotiators will work tirelessly to secure a fair settlement, representing your best interests against insurance companies.
Trial Representation: If a settlement cannot be reached, we are prepared to take your case to court, advocating passionately for your family's rights.

Understanding these steps can help alleviate some of the stress associated with wrongful death claims. Trust CFoster Law, PLLC to be your steadfast ally in seeking justice for your loved one.

Why Our Portland Wrongful Death Attorney Stands Out

Our Portland wrongful death lawyer is a local resident who has been practicing in Maine for over 22 years. We fully understand what an unexpected loss can do to a family and are here to provide a safe harbor during this difficult time. Our approach to these cases is driven by compassion, determination, and an unwavering commitment to justice. No amount of compensation can replace your loved one, but it can help alleviate the financial stress that often follows such a tragedy and force the negligent party to confront the ramifications of their actions. We will fight to deliver the best possible result and make every effort to provide the comprehensive support you need to move forward.

Call (207) 305-3854 or contact us online to schedule a free initial consultation today.

What Is Wrongful Death?

In Maine, a “wrongful death” occurs when a person's death is caused by another party's wrongful or neglectful acts that would have entitled the injured party to take legal action and recover damages if they had not passed away. In other words, if the deceased individual could have filed a personal injury claim had they survived, their passing likely constitutes a wrongful death in the eyes of the law.

You may have a wrongful death case if your loved one passed away due to:

To successfully pursue a wrongful death claim, you must be able to demonstrate that the death was caused by another party's wrongful action or neglect. That is where our Portland wrongful death attorney comes in. We understand how the courts decide these cases and can help you build a strong claim.

Wrongful Death Claim is a Civil Action in Maine

It is important to understand that a wrongful death claim is a civil action and is separate from any criminal proceedings that might arise from the same incident. Consequently, a guilty verdict in a criminal trial does not automatically translate to a successful wrongful death claim, and vice versa. In a wrongful death lawsuit, you must prove the defendant's liability by a preponderance of evidence, a lower standard than the “beyond a reasonable doubt” requirement in criminal cases.

How Long Do I Have to File a Wrongful Death Lawsuit in Maine?

Maine recently changed the statute of limitations for wrongful death cases. The personal representative or special administrator of the deceased’s estate now generally has three years from the date of the victim’s death to start the legal process. Note that this time limit is tied to the date the victim passed away, not the date they sustained their fatal injuries. Getting in touch with a legal professional as soon as possible can help ensure you do not miss any filing deadlines.

Who Can File a Wrongful Death Case in Maine?

If you are a close family member of the deceased, you will of course want to explore all options for taking legal action against the party responsible for their death. However, Maine limits who has the right to bring a wrongful death lawsuit. Typically, only the personal representative or special administrator of the deceased’s estate can pursue a claim. The personal representative is often named in the decedent's will. In the absence of a valid will, the court will appoint a personal representative, often a close family member or an individual who stands to inherit a portion of the decedent's estate.

Although a wrongful death lawsuit is filed by the personal representative, the claim is brought forth on behalf of the deceased's estate and any surviving family members who might have been affected by the death. These family members may include the spouse, children, parents, or siblings of the deceased.

How Does A Wrongful Death Settlement Get Distributed Among Family Members?

In Portland, ME, the distribution of a wrongful death settlement among family members is guided by the decedent's will and state laws. If a valid will exists, it typically outlines how the settlement should be divided among beneficiaries. In the absence of a will, Maine's intestacy laws come into play, determining the distribution based on familial relationships.

The court plays a crucial role in ensuring a fair allocation. It may consider factors such as the financial dependency of each family member on the deceased, the emotional impact of the loss, and any incurred expenses related to the death. Immediate family members, such as spouses and children, are often prioritized, but parents or other relatives might also receive compensation if they were financially or emotionally dependent on the deceased.

Additionally, the court might appoint a personal representative to oversee the distribution process, ensuring compliance with legal requirements and fair treatment for all parties involved. Consulting with an experienced wrongful death attorney can provide clarity and assistance in navigating the complexities of settlement distribution.

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5-Star Client Reviews

See the Difference An Experienced Attorney Makes

At Foster Law, we give your case the time and attention you deserve. Read some of our client testimonials below, or call us at (207) 305-3854 today to get started.

"Christian Foster is a rare species among personal injury lawyers."
Despite formidable delays and obstacles created by COVID and the insurance company, Christian persevered in creative ways, always with the highest integrity and my unique interests and concerns in mind.

- Lucille M.
"I Felt Protected"
Because he took his time, he was able to represent me very well resulting in a fair settlement.10 out of 10 experience!!!

- Rebecca T.
"He Changed My Mind About Lawyers"
He did a wonderful job. This experience completely changed the way I feel about attorneys. He is a testament to his profession which all attorneys should strive for.

- Former Client
"He Assuaged My Fears"
Christian was incredibly friendly, yet straightforward. I appreciated his pragmatism as well as his sense of optimism. He was extremely knowledgeable.

- Anonymous
"Highly Recommend!"
I could not be happier with the service and results I received from Attorney Foster and I highly recommend him for your needs.

- Lee B.
"He Cares About Justice"
He took time to answer all questions and if needed he would repeat until we all understood. We feel honored and grateful that Mr. Foster was our attorney.

- Carlo & Denise G.
"Better Than "Best Case""
He knows what he's doing but beyond that, his personality has a great calming effect. I prepared myself for the worst case and got me better than the "best case".

- John
"Compassionate and Knowledgable"
His knowledge of the law and his guidance left me feeling like I was really being taken care of and he settled my case quickly... he's a five-star attorney who gets the job done.

- Lisa

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We Can Help Your Family Secure Compensation for Wrongful Death in Maine

The compensation available in wrongful death cases is designed to provide financial relief for both the tangible and intangible losses suffered due to the loss of a loved one. One form of compensation is economic damages, which are easily quantifiable financial losses. Another form is non-economic damages, which compensate for the more subjective, non-monetary aspects of a wrongful death.

In some cases, punitive damages may also be awarded. These are not meant to compensate the family for their loss but to punish the responsible party for their behavior and to discourage similar conduct in the future. While Maine caps some types of damages, including punitive damages, we will always aim to recover the maximum compensation available.

Our Portland wrongful death lawyer will fight to get you and your family just compensation for all losses, including:

Funeral and burial costs
Medical expenses linked to the deceased’s fatal injuries or illness
Lost wages the deceased would have reasonably earned had they lived
Emotional distress suffered by the deceased’s surviving loved ones
Loss of companionship and care

When you unexpectedly lose a loved one because of the negligent actions of another person or entity, our team at Foster Law is here for you. Call (207) 305-3854 or contact us online to discuss your legal options today.

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