For months or years, those who have lost a close relative may struggle with the grief of their loss, making it harder to take charge of all their affairs. When someone else could be at fault for the death of that person, it is overwhelming to think about how to handle it.
Wrongful death attorney Matthew Howell could help you learn more about your family’s possible legal claims and the claims that your loved one’s estate might have. The York wrongful death statute of limitations may not yet have passed in your case, but you may need to act fast to pursue compensation. Contact us today to get started with your claim.
Maine’s statute of limitations for wrongful death cases allows three years for the filing of a claim in York. If the death was a homicide, that extends to six years. The personal representative (or executor) of the estate files the lawsuit, but once expenses are paid, the monetary damages go directly to the family members under 18-C Maine Revised Statutes § 2-807.
A two-year statute of limitations applies when suing the state or federal government, but there are earlier notice requirements. If a Maine employee or agency could be at fault, a person should file a formal notice of claim within a year, then wait at least six months for a denial of the claim before filing any lawsuit. The federal government requires a similar separate notice under 28 United States Code § 2401.
If a deceased person could have filed their own injury claim before they died, their personal representative can still pursue it in their place, and the standard personal injury lawsuit statute of limitations applies, which is six years for most claims. If the period was just about to expire after the person’s death, then, under 18-C M.R.S. § 3-109, that expiration will stall until four months after the death.
After an accidental death, a family may struggle with enormous losses that are difficult to discuss, let alone seek compensation for. This includes:
The shock, horror, and grief is itself a loss, one that makes it difficult or impossible to tend to everyday tasks. There is no way to truly quantify the loss of years without a spouse or a parent who should have been there. When filed within the statute of limitations, a wrongful death claim in York allows your family to seek damages for these concrete losses, as well as for the loss of your family member’s companionship and the distress from their suffering and death. Contact our team now to ease the burden of pursuing legal action.
Nothing about navigating the legal process after a death comes naturally, and at Clark & Howell, we understand the position you are in. Attorney Howell has represented injured people and their relatives in courts throughout Maine and New Hampshire. We work to offer the kind of legal representation you might hope for from a friend, compassionate and thorough. Schedule a consultation today to talk about your case and concerns, including filing your claim within the York wrongful death statute of limitations. The sooner you get in touch, the better.
(207) 363-5208
(207) 363-5208