A sudden and accidental death in a family can be devastating, affecting nearly every aspect of your day-to-day life. If young children or accident survivors are left behind, daily life can become overwhelming without the support of the parent or spouse who was lost.
Not many people have the energy to think of lawsuits at a time like this, let alone worry about negotiating with insurance adjusters, nor should you have to. If you have lost someone close to you, do not hesitate to call Clark & Howell to talk with our wrongful death lawyers about possible York wrongful death settlements and ensure you are pursuing the full compensation your deceased loved one and family deserve.
When a person has died because of someone else’s wrongful act or negligence, that person’s heirs could file a wrongful death action for their losses: the money they spent on the medical care, the support that they lost, and the grief they endure.
Wrongful death claims often arise from auto accidents and collisions with commercial trucks. Pedestrian accidents and motorcycle accidents also have a high rate of mortality, but any situation that causes a serious injury could potentially give rise to a wrongful death claim.
A person who survived the initial accident generally had the right to file a personal injury claim before their death. Once they have passed, their estate has the right to pursue the claim on the deceased person’s behalf, seeking damages for what they lost before they died in a survival action. These claims could lead to two potential wrongful death settlements in York, so contact our dedicated team today for help with either or both of these legal processes.
Most wrongful death actions start with claims against an insurance company—usually an auto insurance policy, but sometimes a homeowner policy or commercial tenant coverage. When an insurer receives a major claim like this, its adjusters and investigators will be looking for any evidence that the deceased person was at fault.
Under Maine law, someone found equally at fault for an accident cannot recover any damages in a York settlement, even if they died from their injuries. If they share less than half of the fault, the estate can recover compensation at a reduced rate based on their fault, under 14 Maine Revised Statutes § 156.
Our experienced injury attorneys know how to head off this kind of pressure and work our own investigation on behalf of the deceased person. To get the insurance company to settle, your family needs evidence to show what happened, how the injured person had little or nothing to do with what killed them. Contact us today to ensure no crucial evidence is lost.
Only certain family members have the right to wrongful death settlement payments in York, under 18-C M.R.S. § 2-807. These are the relatives who would inherit if the injured person died without a will, or the intestate heirs. In many families, this means the spouse and/or any surviving parents or descendants of the deceased person.
These rights could be simple, but in large or complicated families, it may be unclear how many people could divide the settlement. A lawyer’s advice is crucial in a situation where uncertainty and family tensions could impede the efforts to get justice. If there are minor children who have rights to the settlement funds, a court must approve the settlement first, under 14 M.R.S. § 1605, and may require the minors’ shares to be set aside in a trust.
Decades of litigation in Maine and New Hampshire courts have helped Attorney Matthew Howell become the sharp and compassionate counsel you need for your family’s claim. We strive to offer personal service, especially when highly personal claims are at stake. Contact Clark & Howell today to set up a consultation to talk about your family’s case and York wrongful death settlements.
(207) 363-5208
(207) 363-5208