Articles Posted in Wrongful Death

Accidents happen, but when they result in burn injuries, the physical, emotional, and financial toll can be overwhelming. According to a recent article, a camping trip turned into a nightmare when a 46-year-old woman sustained severe burns attempting to start a campfire at D&R Campground in China. Despite immediate medical attention, the victim succumbed to her injuries after being transferred to Maine Medical Center in Portland. This heartbreaking incident serves as a stark reminder of the importance of fire safety, particularly in the great outdoors.

Choosing the Right Fire Site:

When camping, it’s crucial to select an appropriate location for your campfire. Look for designated fire rings or pits, or create a clear space by removing any flammable materials within a 10-foot radius.

Motorcycle accidents can be devastating, often resulting in severe injuries or even the loss of life. According to a recent article, a multiple-vehicle crash occurred in York, Maine, involving two cars and a motorcycle. The incident unfolded when the motorcycle, traveling eastbound along the Maine Turnpike, collided with an SUV making a left turn onto Spur Road. Another SUV subsequently collided with the vehicles involved.

While the other drivers involved in the crash escaped with relatively minor injuries, the operator of the motorcycle tragically lost his life. The incident is currently under investigation, highlighting the importance of uncovering the underlying causes of motorcycle accidents.

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Maine’s coastline, dotted with serene lakes and winding rivers, entices boating enthusiasts from near and far. However, amidst the idyllic settings, the potential for boating accidents exists, casting a shadow on these waters. From collisions to capsizings, the aftermath of such incidents can be devastating, leaving victims grappling with physical, emotional, and financial burdens. Boating accidents, while relatively uncommon, can have devastating consequences.

According to a recent article, a historic schooner suffered a catastrophic accident after returning from a four-day cruise off the coast of Rockland, Maine. The main mast of the Grace Bailey splintered, leaving one dead and several individuals injured.

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According to a recent article, a tragic incident occurred in Rangeley, Maine, where a man lost his life after a bucket truck collided with utility wires hanging across Main Street. The incident took place on Tuesday, and despite prompt medical assistance, the man was pronounced dead at the scene. Police investigations indicate that the bucket lift, attached to a Ford Econoline van, struck the suspended utility wires while traveling south on Main Street. It is suspected that the man had been inside the bucket at the time of the collision and had fallen out as a result.

The Legal Implications:

When a person’s death occurs as a result of someone else’s negligence, recklessness, or deliberate actions, it may be deemed a wrongful death. Wrongful death claims provide a legal avenue for surviving family members to seek compensation and hold responsible parties accountable for their actions. In the Rangeley incident, if it is determined that the accident occurred due to a failure to follow safety protocols, inadequate training, or faulty equipment, the family of the deceased may have grounds to pursue a wrongful death claim.

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Too often, the criminal justice system fails to bring justice to victims and their loved ones. When a person is found not guilty of a crime or faces a light sentence, the victim’s loved ones may feel that the criminal case failed to hold the perpetrator accountable for their profound loss. In these scenarios, a victim or their loved ones might look for another way to seek justice. When the criminal justice system fails to hold perpetrators accountable, a victim or their loved ones may turn to civil court and file a negligence lawsuit.

As a recent news article reported, a corrections officer received no jail time for an accident that killed a nine-year-old girl in Cumberland County, Maine. The accident occurred when the officer crashed his truck into an SUV, killing the girl who was riding in the back of the car. While on trial for manslaughter, the officer admitted he may have fallen asleep at the wheel. Prosecutors asked the judge for an 8-year sentence, 4 years’ supervision, and 100 hours of community service. The judge was much more lenient. At the sentencing hearing, the judge imposed a 6-year suspended sentence, 4 years probation, and 200 hours of community service. A suspended sentence is delayed until the convicted person completes probation, but judges often dismiss the sentence upon successful completion of the probation period. As a result, the officer likely faces no jail time.

Can You Sue a Driver Who Faced Charges in Criminal Court?

A criminal case does not affect your ability to sue a criminal defendant for damages in civil court. First, you can sue a driver who was found not guilty in a criminal trial—or who did not face criminal charges at all. Remember that a jury may find a person not guilty in a criminal case, but a jury could find that same person liable for civil damages. Second, you can sue a driver for damages even if they have to pay a criminal fine. Maine’s criminal law imposes fines as punishment for certain crimes, but these fines have nothing to do with civil liability for an accident. Even if the driver must pay criminal fines, you can still hold them responsible for civil damages.

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Too often, head-on collisions result in severe injury and death. When a driver’s negligence causes another person’s death, the driver harms both the deceased and their surviving loved ones. In the wake of these senseless accidents, it is clear that no amount of money will ever bring a deceased loved one back. However, understanding how Maine handles wrongful death lawsuits can help the deceased’s loved ones think about their options for recovery.

As a recent news article reported, a head-on crash in Woolwich, Maine, killed one person and injured another. The crash occurred on a bridge in the northbound section of Route 1. While traveling southbound, a driver veered across the roadway into the northbound lane. The driver then collided head-on with a vehicle traveling northbound. Sadly, the driver died at the scene. The northbound vehicle’s driver was transported to the hospital to treat serious but non-life-threatening injuries.

Can You Bring a Wrongful Death Suit After a Maine Head-On Collision?

A person can bring a wrongful death suit for negligence if the negligent party would have been liable to the victim if he or she had not died. The reasoning is that wrongful death suits are a way to make sure negligent actors do not escape responsibility for their wrongdoing just because a victim is not alive to sue them personally. In Maine, a person bringing a wrongful death suit must do as the administrator of the deceased’s estate. However, the beneficiaries of the deceased’s estate can receive certain types of damages awards under Maine law.

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Approximately 25% of all vehicle-related accidents can be attributed to backing up. This has contributed to over 500 deaths and 15,000 injuries each year. But less than 1% of a driver’s time behind the wheel is spent on reversing.

According to a recent article, a 2-year-old boy was involved in a tragic accident that led to his death in Naples, Maine. The boy’s father was backing out of the driveway at his residence in a pickup truck, but he unfortunately could not see the child in his way. Life-saving measures failed to revive the boy.

Accidents like these are devastating but can often be preventable. Drivers can follow safety tips to ensure back-up accidents are minimized. When drivers fail to follow tips, victims should call a personal injury attorney to discuss any potential claims. While monetary compensation cannot heal the wounds created by these tragic accidents, it can ease the logistical and financial pains that occur.

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Last July, a fatal car accident claimed the life of a woman when another motorist attempted to get back into the correct after passing several other vehicles. However, as the passing motorist entered the lane, he clipped another vehicle, causing his vehicle to spin out of control and crash into the woman’s Chevy Trailblazer.

According to a recent news report, the sheriff’s department charged with looking into the fatal accident just concluded its investigation and passed the file off to the local district attorney’s office. The district attorney is now considering whether criminal charges should be filed against the driver responsible for the collision.

Additional Details About the Accident

Evidently, the fatal accident occurred when a westbound Subaru Outback attempted to pass several other vehicles while driving on Surry Road. However, as the driver of the Subaru merged back into his lane, he clipped the side of a Honda Civic, causing him to lose control of his vehicle, which then collided with a Chevy Trailblazer.

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In Maine, those charged with Operating a Vehicle Under the Influence (OUI) may face serious criminal and civil penalties for any ensuing damages and injuries caused by impaired driving. An OUI refers to a motorist operating their vehicle with a blood alcohol content of .08% or higher. The threshold may vary depending on the type of vehicle the driver was operating.

In most personal injury and wrongful death claims, the injury victim or deceased’s estate must establish all the elements of negligence claims. In some cases, the at-fault party is the person operating the vehicle that the victim was a passenger. However, in Maine, passengers have the same right to recovery regardless of whether they were in the vehicle with the at-fault driver.

While the law permits the claim, injured passengers should be cognizant of how the state’s comparative negligence laws may play into their cases. In Maine, the law may bar a plaintiff’s action if their negligence is equal to or greater than the defendant’s. Unlike other states, a violation of a statute does not constitute negligence per se. However, the evidence may be used to support a negligence claim. Cases involving OUIs can present challenges to plaintiffs, especially if the defendant or other party claims that the plaintiff knew that the driver was under the influence. However, Maine law explains that a plaintiff’s awareness of a danger which results in his injury is not an absolute bar to recovery. This frequently comes up when an injured passenger knew that the at-fault driver was under the influence of drugs or alcohol.

Car accidents are usually sudden, unexpected events and often end with significant injuries or even death. When someone in an accident was killed as a result of another party’s negligence or was perhaps a passenger in a vehicle where the driver operating the vehicle itself was negligent, family members of the deceased may have grounds for a Maine wrongful death claim.

According to a local news report, two teens were killed, and several others were seriously injured following a major car collision. Local authorities reported that a Toyota Avalon crashed into a Pontiac carrying four teenage passengers, which left two of the teenagers, ages 17 and 15 respectively, dead at the scene. The couple that was in the Avalon and one of the teenage passengers remain hospitalized with serious injuries. Law enforcement is still investigating the crash and trying to identify what caused the accident to take place.

Following a tragic accident, filing a claim may be the furthest thing from your mind. However, a wrongful death claim could provide a valuable avenue for recovering compensation for injuries that lead to death. A wrongful death lawsuit is a type of personal injury claim where surviving members of the deceased’s family or other designated individuals can seek damages after the deceased’s death. Wrongful death claims were originally and historically created to provide loved ones with an avenue for recovery and to avoid situations where the at-fault or responsible party could get away with their actions simply because the victim died.

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