Articles Tagged with wrongful death attorney

A horrific highway shooting death in Pennsylvania sparked a dispute between the parents of the victim and several auto insurance companies based in Maine. Our Maine wrongful death lawyers found it instructive to explore.

The victim was shot and then run off the road while driving on thegun interstate. He later died of his injuries. His assailant was initially unknown, although the incident was first believed to be a result of road rage. Later, however, the gunman was identified, and it was revealed the shooter mistook the victim for another man, whom the defendant was targeting – the paramour of a woman he’d been stalking. Authorities also suspected him of killing that woman in West Virginia the day before, and he was later convicted of her murder and sentenced to life in prison.

The question, then, was whether the decedent’s parents, as his personal representatives, could collect uninsured motorist benefits from several auto insurance carriers. Uninsured motorist benefits exist to provide coverage when someone is involved in an accident with another driver who either does not have insurance or is not identified. But the key issue in this case was the way in which the policies defined “accident.”

Lawmakers in Maine are weighing whether to amend the state’s wrongful death statutes to allow claims for the deaths of unborn children. The proposal would specifically exempt physicians who conduct legal abortions, although some pro-choice advocates say the law would nonetheless undercut women’s reproductive rights. pregnant woman

Supporters of the measure opine it’s an avenue for family members to seek financial redress when a fetus dies as a result of neglect, default, or some wrongful act – by a driver, a doctor, a manufacturer, or another party. Those opposed to the measure say it isn’t necessary under state law, and the true purpose is to chip away at a woman’s right to choose.

The bill, L.D. 327, would give families the opportunity to seek damages in probate court under wrongful death statutes if a fetus that is viable (i.e., has reached at least 24 weeks of age) dies as a result of someone else’s negligence. This would not be a unique move. In fact, 40 other states – including all of the other states in New England – provide some avenue for family members to seek financial compensation if an unborn baby dies because of another party’s wrongdoing or neglect.

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