This form is a Complaint for a Wrongful Death. Plaintiff demands a jury by trial, an award of damages, reasonable attorney fees, and other relief which is just and proper.
Maine Complaint for Wrongful Death - Single Count
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Multi-State
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US-M6795
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FAQ
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
The main difference between wrongful death and manslaughter is intent. Wrongful death occurs when a person's death is caused by the negligence or intentional actions of another party, while manslaughter occurs when a person kills another person without premeditation or intent.
Wrongful death. n. the death of a human being as the result of a wrongful act of another person. Such wrongful acts include: negligence (like careless driving), an inten- tional attack such as assault and/or battery, a death in the course of another crime, vehicular manslaughter, manslaughter or murder.
Gathering strong, convincing evidence like medical records, autopsy reports, witness testimonies, and financial documents is key in a wrongful death case.
Heirs and family members who file the wrongful death claim make a joint decision regarding each person's amount. Any children or surviving spouses are entitled to the majority of the settlement proceeds. A dependent parent may also receive a share.
In Maine, however, only the personal representative or special administrator of the deceased person's estate is permitted to file a wrongful death claim.
You can recover damages for anything the decedent would have contributed while they lived. You can also recover what you lost for intangibles like moral support (general damages) and tangibles financial losses like gifts or benefits you expected to receive, including medical bills.
