This form is a sample personal injury complaint alleging improper medical treatment resulted in patient's death.
Maine Complaint for Personal Injury and Wrongful Death for Improper Medical Treatment
State:
Multi-State
Control #:
US-PI-0293
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint For Personal Injury And Wrongful Death For Improper Medical Treatment?
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FAQ
In addition, the jury may give damages not exceeding $750,000 for the loss of comfort, society and companionship of the deceased, including any damages for emotional distress arising from the same facts as those constituting the underlying claim, to the persons for whose benefit the action is brought.
Simply put, a wrongful death lawsuit is a claim filed by the immediate family members of the deceased against a person or entity who could be held liable for the death of their loved one. The lawsuit allows surviving family members to recover damages for their loss.
An action under this section must be commenced within 2 years after the decedent's death, except that if the decedent's death is caused by a homicide, the action may be commenced within 6 years of the date the personal representative or special administrator of the decedent discovers that there is a just cause of ...
No personal action or cause of action is lost by the death of either party, but the same survives for and against the personal representative of the deceased, except that actions or causes of action for the recovery of penalties and fines under criminal statutes do not survive the death of the defendant.
It also raises the cap on punitive damages from $250,000 to $500,000, and it increased the time frame for families to sue from two to three years. Maine's Wrongful Death Act allows people to file a civil complaint against another person or entity for any deaths that occur because of another person's error.
Except as provided in section 2902?B, actions for professional negligence must be commenced within 3 years after the cause of action accrues. For the purposes of this section, a cause of action accrues on the date of the act or omission giving rise to the injury.