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Maine Complaint for Personal Injury and Wrongful Death due to Shooting / Violence

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This form is a sample personal injury complaint arising from incident in which decedent was shot multiple times by defendant.

Maine Complaint for Personal Injury and Wrongful Death due to Shooting/Violence is a legal document filed by a plaintiff (or their lawyer) in a civil court to seek compensation for injuries, damages, or death caused by firearms-related incidents. This complaint is specifically tailored to address incidents involving shootings or acts of violence within the state of Maine. This complaint aims to hold the responsible party accountable and seeks to acquire monetary damages for medical expenses, lost wages, emotional distress, pain and suffering, and funeral expenses in the case of wrongful death. It is crucial to note that the specific elements of the complaint may vary depending on the circumstances of each case. Keywords: Maine, complaint, personal injury, wrongful death, shooting, violence, legal document, plaintiff, compensation, firearms-related incidents, civil court, injuries, damages, accountable, monetary damages, medical expenses, lost wages, emotional distress, pain and suffering, funeral expenses. Different types of Maine Complaint for Personal Injury and Wrongful Death due to Shooting/Violence might include: 1. Complaint for Personal Injury — This type of complaint is filed when an individual sustains injuries during a shooting or act of violence in Maine. The complaint details the circumstances of the incident, the injuries suffered, and the negligence or wrongful action of the defendant, seeking compensation for medical bills, lost wages, pain, and suffering, among other damages. 2. Complaint for Wrongful Death — This type of complaint is filed when an act of violence or shooting results in the death of an individual in Maine. The complaint represents the deceased victim's estate and seeks compensation for funeral expenses, loss of financial support, emotional distress, and other damages inflicted upon surviving family members. The complaint will specify the negligent or intentional actions of the defendant that led to the wrongful death. 3. Complaint for Negligence — In certain cases, a complaint may be filed based on allegations of negligence. This type of complaint argues that the defendant failed to exercise reasonable care in preventing the shooting or act of violence, resulting in personal injury or wrongful death. Negligence complaints will typically include evidence and arguments establishing a breach of duty, causation, and damages. It is important to consult with a qualified attorney in Maine to understand the specifics of filing a complaint for personal injury and wrongful death due to shooting/violence based on the unique circumstances of the case.

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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 ...

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.

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.

Wrongful death happens when somebody is killed because of another person or entity's negligence or misconduct. Although there may be a criminal prosecution related to the fatality, a wrongful death lawsuit is a civil action that is separate and distinct from any criminal charges.

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.

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.

There are many defenses you can use in a wrongful death suit such as: The statute of limitations has run and the claim is time barred. You did not have a duty of care towards the deceased. You acted in self-defense. You were not negligent in your actions and did everything a reasonable person would have done.

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Maine Complaint for Personal Injury and Wrongful Death due to Shooting / Violence