In Maine, it is possible to pursue a wrongful death claim when someone is killed due to the negligence or wrongdoing of another, whether from a tragic car crash on I-295 or a fatal property accident in Portland. Title 18-C, § 2-807 of the Maine Revised Statutes provides specific guidance on who can file a lawsuit and the damages you can recover. Navigating these complex probate and personal injury laws while grieving is overwhelming, and insurance companies often use this time to minimize their payouts.

At Monge & Associates, our dedicated Portland wrongful death lawyers can help you understand your rights and take legal action on behalf of your family. If you lost a loved one, consulting a compassionate Portland, Maine personal injury lawyer is the first step toward securing the financial stability and justice your family deserves.

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Contact Monge & Associates For Your Wrongful Death Case

Did you lose a loved one to negligence in Portland? Maine law limits the time you have to file a wrongful death claim. Contact our lawyers for a free review.

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How Monge & Associates Can Help with a Wrongful Death Claim

Monge & Associates can provide assistance in identifying who has legal authority to pursue a wrongful death claim and can guide you throughout the entire process of pursuing your case.

Our team will:

Identify the potential defendants: This could include careless drivers, negligent property owners, the employers of those who harmed your loved one, or anyone else whose acts or omissions caused the death to occur
Gather evidence: We’ll obtain the evidence appropriate to your claim, such as medical records, photos from the accident or crash scene, security camera footage, truck or property maintenance logs, witness statements, and more.
Connect with experts: We have a network of experts, including accident reconstruction specialists who can identify how the death occurred as well as vocational experts who can testify as to the lost income resulting from the untimely death.
Negotiate a settlement: Many cases settle outside of court, and our team brings solid negotiating skills to the table to maximize your chances of a fair settlement. Insurers know we won’t back down, as we’ve been practicing law since 1993 and have recovered over $1 billion in damages for our clients.
Go to court: Our team is trial-ready, and we have solid litigation skills so we can present a compelling claim in court.

Through it all, we keep you informed, answer your questions, and help you understand what’s going on in your case. We understand you’re coping with tremendous grief, and we’re here to help make your life easier by fighting for the funds you need to rebuild.

"I had a great experience working with this law firm from start to finish.

The team always communicated updates, answered my questions, helped with special accommodations and fought for my case. Very polite, transparent and compassionate team. Mina is the best! Couldn't have made it through the last two years without her and the rest of the Monge and Associates team. Thank you so much!"

Melissa Wilkins | Google

"Everyone I spoke with was always very courteous and informative.

Gwen was my client advocate and her efforts to keep in touch with me were awesome. She stayed with me via text, email, and phone to check on how I was feeling, to see if I had any unanswered questions or concerns, and just to reassure me and encourage my sometimes low spirits. She was respectful of my moments of disconnect, but continually let me know I was in good hands. Excellent job, Gwen. You are truly an asset to the firm."

Annie Clayton | Google

“A breath of fresh air!

I made one call and Vicky gave me a warm welcoming. I am confident and looking forward to working with you all. I recently let go of my previous law firm to give Monge a shot because my co worker recommended them to me. From the beginning of the conversation to the end, Vicky made me feel more secure in that one call than I’ve felt dealing with my ex law firm. Thank you guys so much.”

Jadae Taylor | Google

“I had a great experience with Monge & Associates.

I would definitely recommend them to anyone. From the first time I called and Lisa took all my information, she didn’t take any time getting my information in the system and I a had a call within two days. I represented by attorney Cierra Geter and Julie L. was a point of contact as-well with my case. I can say they both had great communication with me and very personable. I felt very comfortable talking to them. I loved the fact they would contact me just checking on me throughout the process.”

Iris Williams | Google

“This law firm has represented me several times and has not disappointed.

Client is always a priority and they will do their best to get you the best results. Thanks to you all for your hard work.”

Edward C.

Who Can Make a Wrongful Death Claim in Maine?

Title 18-C, §2-807 of Maine law establishes the rules for who can pursue a wrongful death claim. Under this law, the claim must be filed by the personal representative of the estate of the person who was killed.

This means that the claim must be brought by whomever the deceased specified in their will should serve as their personal representative to manage their estate, or by whomever the court appointed when the deceased didn’t have a will or designate someone to fill this role.

While these claims are pursued on behalf of beneficiaries, including surviving spouses, children, and other designated heirs, beneficiaries cannot pursue a wrongful death claim directly.

Portland, Maine Wrongful Death FAQs

Who can file a wrongful death lawsuit in Maine?

Under Title 18-C, § 2-807, a wrongful death claim must be filed exclusively by the personal representative or special administrator of the deceased person’s estate. While the representative files the lawsuit, the recovered damages are distributed to the deceased’s heirs (such as a spouse or children).

How long do I have to file a wrongful death claim in Portland, Maine?

For claims accruing after October 25, 2023, Maine law gives you exactly three years from the date of the decedent’s death to file a wrongful death lawsuit. If the death was caused by a homicide, the limit is extended to six years from the date the cause of action is discovered.

Is there a cap on wrongful death damages in Maine?

Yes. While economic damages (like medical bills and lost income) are uncapped, Maine caps non-economic damages (loss of comfort, society, and emotional distress) at $1,000,000. Punitive damages are also strictly capped at $500,000.

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Contact a Portland Wrongful Death Lawyer Today

Don’t hesitate to get legal help when someone you love was killed. The law provides you the right to full and fair compensation, and Monge & Associates will bring decades of experience to your case to fight for the justice you deserve.

To learn more about how we can help you, call or contact us online today to schedule a free consultation with a Portland wrongful death lawyer. We don’t charge legal fees unless we win, and your consultation is always free.