Wrongful Death

There is no easy way to face the loss of your loved one. At Garmey Law, we are committed to getting you the compensation you deserve and advocating on your behalf. If you have lost someone because of someone else’s negligence, our Maine wrongful death lawyers will work tirelessly to get your family compensation so that you can get the closure and justice you deserve.

Maine wrongful death claims are brought by the personal representative or special administrator of the deceased, with proceeds paid directly to the descendant’s legal beneficiary (depending on the circumstances, this could be the surviving spouse, minor children, adult children, or other legal “heirs”). These types of actions compensate for the financial losses associated with the death of a loved one, lost financial support, the cost of hospital care, and funeral expenses, as well as the lost comfort, society, and companionship of the deceased and emotional distress arising from the death event. In some cases, punitive damages (additional money awarded to punish or deter the defendant) may also be available.

In addition to wrongful death claims (which are governed by statute), Maine also allows common law “survival claims” to compensate for the deceased’s pain and suffering caused by the negligence and up until the time of death. Unlike a wrongful death claim, awards for “conscious pain and suffering” under the survival act must go to the deceased estate, to be distributed accordingly to beneficiaries of the estate.

wrongful death lawyer

Types of Wrongful Death Cases

Wrongful death and survival claims can arise whenever someone dies as the result of another’s negligence or intentional act, and often involve any of our areas of practice, including:


Like other plaintiff’s firms, we work on a contingency fee basis. This means that our clients never pay us a dime unless we win them money.  And, no matter how big or small your case is, we work hard to put as much money in your pocket as possible. For us, it’s part of our pride in what we do.

Maine wrongful death cases are subject to statutory caps, including a $750,000 cap for loss of comfort, society, and companionship and a $250,000 cap for punitive damages – but other causes of action may be available which are not. We will leave no stone unturned to maximize your family’s recovery following the painful loss of someone important to you.

Commonly Asked Questions

They say the wheels of justice turn slowly, but we work as fast as we can to resolve claims as quickly as possible. Sometimes, we can resolve our client’s claims months after they walk in the door; for others, the process of reaching a trial can take years. Each case is different, and requires a unique and tailored approach. Rest assured that we won’t rest until your case is done.

Contact us for a free, no-cost consultation. We would be happy to dive into your legal issue and let you know how we can help.

Each case is different, and we will need a chance to get to know yours. Although Maine’s Wrongful Death Act puts statutory caps on some aspects of damages following the death of a loved one (including a $750,000 cap for loss of comfort, society, and companionship and a $250,000 cap for punitive damages), we pride ourselves in making sure we find the right kinds of claims to bring, including those without statutory caps.

Case Studies

  • $4.2 million jury verdict for wrongful death due to defective design of a forklift
  • $3 million settlement, plus national safety campaign and recall, for the death of an 8-year old by caused by an elevator
  • $750,000 settlement at pre-suit mediation for the wrongful death of nursing home resident for failing to protect from a dangerous environment
  • $400,000 settlement for wrongful death due to failure to timely treat cardiac issue
  • $200,000 pre-suit settlement for the wrongful death of father and son killed in a car accident

How Our Maine Lawyers Can Help

When you’ve lost a loved one unnecessarily due to someone else’s negligence, the grief and anger can be overwhelming. Navigating the legal system might feel like more than you have the energy to take on. That’s why the team at Garmey Law is here to help walk you through it, to get you the justice you deserve. Our Maine wrongful death lawyers work with individuals and families who have suffered devastating tragedies and fight hard to get them the compensation they deserve. We do not charge our clients unless we win your case. It all starts with a conversation, so please contact us to schedule your free consultation today.