Wrongful Death Attorney in Maine with Over 25,000 Victories
When someone’s negligence results in a fatal accident, the Law Offices of Joe Bornstein uses its 50 years of experience to provide the aggressive advocacy necessary to hold responsible parties accountable.
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No fee unless we win a settlement or a verdict
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Serving all 16 counties in Maine
Virtual meetings and home visits available
Available day and night for all new and existing clients
Lost a Loved One in a Fatal Incident in Maine?
Our Maine wrongful death lawyers serve clients statewide from seven physical offices and are committed to immediate action.
With Joe Bornstein Law, Securing Justice After a Wrongful Death Accident Is as Easy as 1-2-3
Coping with the sudden death of a husband, wife, parent, or child is an unimaginable burden. Since 1974, our firm has stood by Mainers dealing with the fallout of fatal negligence. We move to protect your rights so you can focus on your family’s emotional healing.
Direct Case Assessment
Connect with a Maine wrongful death attorney 24/7. We review the circumstances of the fatality, identify every liable party, and evaluate the legal merits of a civil suit at no cost to you.
Estate & Damages Analysis
We explain how 18-C M.R.S. § 2-807 applies to your loss. We analyze medical expenses, funeral costs, and lost future income to ensure your family pursues the maximum recovery allowed.
Unfaltering Client Support
We handle every interaction with defense teams and insurance adjusters. We manage the probate requirements and court filings so you can prioritize your family.
How Joe Bornstein’s Office Can Help with Your Wrongful Death Lawsuit in Maine
Fatal accident claims require more than a standard insurance filing. The Law Offices of Joe Bornstein has 50 years of experience and applies its expertise to address the technical and legal complexities of wrongful death claims.
Detailed Fatality Investigation
We work with specialists and expert witnesses to gather and analyze evidence. We collaborate with forensic pathologists and accident reconstructionists to prove fault even when insurance companies try to blame the deceased for the incident.
Lien Resolution & Common Fund Application
We negotiate with MaineCare and Medicare to reduce their claims. Our wrongful death attorneys in Maine apply the Common Fund Doctrine to ensure a larger portion of the settlement remains with the beneficiaries.
Economic & Vocational Forecasting
For cases involving the loss of a primary breadwinner, we coordinate with economists to calculate the total loss of future earnings and benefits. We document the emotional trauma to prove the true impact of your loss.
Court Trial Strategy
At The Law Offices of Joe Bornstein, we prepare every fatal accident claim for a potential jury trial. If a defendant refuses to offer a fair settlement, we work closely with attorneys who are ready to help with representation in the Maine District or Superior Court.
The Law Offices of Joe Bornstein Brings Legal Support to You, Anywhere in Maine
Our Maine wrongful death lawyers understand the difficulty of managing an estate while grieving. Our firm handles the procedural requirements of the Maine courts in every county. If you cannot travel to one of our seven locations, we will meet you at your home.
Insurance companies won’t think twice about trying to blame your loved one’s death on the deceased. We want to make sure you fully understand who has the right to file a wrongful death or fatal accident claim in Maine, because wrongful death cases are rarely clear-cut, and the damages involved may be assessed depending on how responsibility for the wrongful death is determined.
Maine’s Most Trusted Wrongful Death Lawyers
We believe that getting justice in a wrongful death case shouldn't be difficult. Our wrongful death attorneys in Maine understand what you and your family are going through and are ready to help. If you are represented by The Law Offices of Joe Bornstein, we will fight for your rights to be compensated for the loss your family is coping with.
Recognition of Excellence
When negligence leads to a fatality, you need a firm with a strong reputation in the legal field. Our personal injury lawyers in Maine hold elite peer-reviewed credentials, ensuring your case meets the highest standards of professionalism:
- AV Preeminent Rating from Martindale-Hubbell
- Best Lawyers in America – Personal Injury
- Super Lawyers – Maine Personal Injury
- National Trial Lawyers – Top 100
Fierce Advocacy
We send a clear message to defendants that we do not tolerate attempts to shift blame onto the decedent. No Maine wrongful death lawyer at The Law Offices of Joe Bornstein will accept a settlement that undervalues your family’s loss.
Local Legal Experience
Our attorneys live and work in the communities we serve. We understand the nuances of the Maine Probate Code and the specific requirements for a Personal Representative to file a claim. We manage the distinct exceptions to Maine’s statutes to preserve your right to recovery.
No Fee Unless You Win
The Law Offices of Joe Bornstein offers legal support for all personal injury cases, including wrongful death claims, with no upfront costs. You only pay legal fees if we successfully recover a settlement or verdict for your family.
24/7 Responsiveness
Your wrongful death attorneys at our firm will prioritize straightforward communication. You will remain informed and supported from the initial consultation until the final resolution of the estate’s claim.
Joe Bornstein’s Office Fights for Your Right to Compensation after the Loss of a Loved One in Maine
Wrongful death damages in Maine aim to compensate the estate of the deceased for both economic and non-economic losses. According to Maine Revised Statutes Title 18-C, §2-807, these claims must be filed by a personal representative.
The value of a fatal accident claim depends on the losses of the heirs and the nature of the defendant’s conduct. A Maine wrongful death attorney identifies every avenue for recovery.
- Injury claim: We pursue compensation for medical expenses, death/funeral expenses, loss of income, loss of benefits, such as health insurance, emotional trauma, or suffering
- Survival action: In addition to the wrongful death claim, Maine law allows for a “survival action.” This allows the estate to recover damages for the conscious pain and suffering the deceased experienced between the time of injury and the time of death. These damages are generally not subject to the statutory caps.
$750 Million+ Recovered for Maine Families
Our record of results reflects decades of strategic representation against national insurance carriers and local defense firms.
- $6 million for a car accident injury victim from Livermore
- $3.75 million for a truck accident injury victim from Bangor
- $2 million for a motorcycle accident injury victim from Hampden
These are not isolated wins, but represent our long-standing commitment to pursuing full and fair compensation for all types of personal injury claims in Maine.
What Types of Damages Are Available in Maine Wrongful Death Claims?
- Non-economic damages (“Loss of Comfort, Society, and Companionship”): The damages for mental anguish, emotional distress, and loss of companionship are available, but capped under 18-C M.R.S. § 2-807. As of 2024, the cap was increased to $1,000,000, with future adjustments tied to the Consumer Price Index.
- Economic damages: There is no cap on economic damages. These include medical care, treatment, burial, lost wages, lost future earnings, lost inheritance, and lost services or support.
- Punitive damages: These are intended to punish the defendant for malicious or extremely reckless behavior. They are capped at $500,000.
Client Testimonials
How Much Is Your Wrongful Death Claim Worth in Maine?
No fixed calculator exists for the value of a life. Your claim’s worth is a combination of measurable financial support and the subjective loss of companionship. However, our Maine wrongful death attorneys will work tirelessly to maximize your compensation and help you move forward.
Wrongful Death Cases We Handle Across Maine
Defective products, unsafe workplaces, medical malpractice, and driver negligence, among others, create lethal hazards throughout the state. We apply the Maine civil code to secure justice for survivors.
Workplace and Industrial Fatalities
When employers ignore safety guidelines for heavy equipment or construction sites, the results are often fatal. We investigate OSHA violations and equipment failures to prove corporate negligence.
Defective Products and Mechanical Failure
From malfunctioning brakes to missing safety guards, poorly designed products kill. We hold manufacturers accountable for design flaws that result in a fatal incident.
Medical and Prescription Errors
A surgical mistake or an incorrect dosage can lead to a wrongful death. We work with medical experts to identify breaches in the standard of care that lead to a fatality.
Fatal Traffic and Pedestrian Collisions
High-speed impacts on Maine’s undivided highways often involve drunk or distracted drivers. We pursue justice for families whose loved ones were killed in preventable crashes.
A wrongful death can abruptly turn a family upside-down, but your rights are firmly rooted in the law. We can help you get back on your feet. Our experienced wrongful death attorneys in Maine can help with all aspects to support your case.
Maine Laws That Affect Your Wrongful Death Claim
If someone’s actions, including failure to act responsibly, lead to the death of another, there may be grounds for a civil wrongful death suit. However, before you consider taking legal action, you need to know how our state’s laws and regulations can hinder or forward your claim.
The Three-Year Statute of Limitations
In Maine, a wrongful death action must be filed within three years of the date of death. Waiting is a risk, as evidence can be lost and the legal deadline is strict.
Modified Comparative Negligence
Under 14 M.R.S. § 156, the decedent’s own actions are examined. A family can recover damages as long as the deceased’s fault was less than 50%. If the fault reached 50%, the law prohibits recovery.
The Role of the Personal Representative
Only the court-appointed Personal Representative of the estate can legally file a wrongful death lawsuit. Our firm assists in ensuring the proper legal standing is established in Probate Court.
Call Joe Bornestein’s Office Today to Start Your Wrongful Death Claim in Maine
Contact our firm to begin the path toward justice. As Maine lawyers working for injured Mainers, The Law Offices of Joe Bornstein provides the aggressive advocacy needed to secure your family’s future. We treat every client with the personalized attention they deserve, providing honest opinions and respectful service.
Start Your Claim Now!
Rated 5 Stars by Our Clients
With decades of experience handling personal injury claims, The Law Offices of Joe Bornstein has the skill and dedication to pursue the best possible outcome for you.
Frequently Asked Questions
Our Maine wrongful death attorneys provide the straightforward information you need to understand your rights and the requirements for a successful civil claim.
What core factors determine if I can move forward with a wrongful death lawsuit in Maine?
To proceed with a legal claim in Maine, several key elements must be established through evidence. We first determine if the fatality was the direct result of another party’s negligent or wrongful act, such as a safety violation or a reckless driving maneuver. Additionally, your Maine wrongful death lawyer will evaluate whether the estate suffered specific economic losses, such as funeral costs or lost future income, and whether your loved one experienced “conscious pain and suffering” between the time of the injury and their passing. These affirmative answers form the foundation of a case that holds the responsible party accountable.
How is the decedent’s own responsibility evaluated in a fatal accident in Maine?
Maine law requires a careful look at the actions of the person who passed away to determine if their own conduct contributed to the tragedy. This examination often centers on whether they sought prompt and appropriate medical attention following an injury or if their own negligence played a role in the outcome (for example, if a passenger knowingly entered a vehicle with an intoxicated driver). Because Maine follows a modified comparative negligence rule, proving that the decedent was less than 50% responsible is vital to securing a recovery for the surviving family members.
How does a wrongful death lawyer in Maine prove the defendant is legally responsible for the death?
Establishing a defendant’s liability involves proving that the death would not have occurred without their specific actions or failures to act. Our Maine wrongful death attorneys’ investigation focuses on whether the defendant could reasonably be expected to recognize the potential risks of their conduct, such as an employer ignoring equipment safety guidelines or a manufacturer overlooking a design flaw. We build a strategic case to show that the defendant’s breach of duty was the primary cause of the fatal event, allowing us to pursue the full compensation your family deserves.
Can I sue in Maine for a death caused by a government employee?
Yes, but you must follow the Maine Tort Claims Act. This requires a formal notice of claim within 365 days of the incident, with specific recovery limits set by state law.
Can I file a wrongful death suit if the death occurred on a private logging road in Maine?
Standard negligence and product liability laws still apply in Maine’s unorganized territories and private lands. Our Maine wrongful death lawyers have decades of experience in these unique rural jurisdictions.
Is a wrongful death suit the same as a criminal charge in Maine?
No. A wrongful death suit is a civil action for monetary damages. It can proceed even if the defendant is also facing criminal charges, such as manslaughter.
Do you have other questions about your accident?
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Call, Text, or Email Joe Bornstein’s Office for a Free Case Evaluation Today!
Few firms in Maine have the depth of experience that comes from representing injured clients consistently for over half a century. Law Offices of Joe Bornstein combine experience, recognized professional excellence, and responsive client care to guide you every step of the way.
Call today to speak with a Maine personal injury lawyer near you. Your case evaluation is free, confidential, and available 24/7.
Hurt in a car, truck, or motorcycle accident, slip and fall, dog attack, or other serious incident?
We represent clients across all 16 Maine counties with offices statewide and 24/7 availability.
Award-Winning Attorneys
You can feel confident your case is in experienced hands.
The Law Offices of Joe Bornstein has earned the highest awards and recognitions.
