Earner & Weaver | Injury Attorneys
At Earner & Weaver we help with all aspects of Wrongful Death claims. We know this is a critical time for you and your family. It’s scary, what’s next is often unknown, and you aren’t sure who to trust. Well, you can trust us.
We offer (for free) to everyone in the state, a no obligation consultation where we will review your case, explain all your rights and options to you, and help you make the best decision on how to proceed with your situation.
I was lost when I got into my accident. Everything I worked so hard for was gone and I didn’t have the money to get back on my feet. Michael was a godsend. With his advice and help I was able to pick myself back up and get what was rightfully mine. I cannot say how grateful I am Michael, thank you, thank you so much for helping me and my family.Olivia (York)
What is a Wrongful Death claim?
Maine law defines wrongful death as a death “caused by a wrongful act, neglect or default” act by a person, wherein the person who is deceased would have had a claim against the negligent actor had they lived. More simply, a wrongful death is when someone dies from a careless, reckless or intentional act by another individual or organization.
What situations result in a wrongful death?
There are certain situations that are often give way to a wrongful death lawsuit:
- Motor vehicle crashes
- Medical malpractice
- Tractor-trailer crashes
- Nursing home neglect
- Unsafe working conditions
- Dangerous drugs
- Exposure to asbestos
- Dangerous products
How long do I have to bring a wrongful death lawsuit?
Maine law allows two years from the date of death to bring a suit. There are few exceptions to this, but this applies in almost all situations.
I asked Mr.Earner for some advice on how to handle a problem that I was having. He not only gave me the advice that I need he went above and beyond and walk hand and hand with me through the whole thing. I would definitely recommend Mr.Earner to anyone that is look for legal help and I’m so glad I have him on my side.Lenny (Kittery)
Who Can Sue for Wrongful Death?
In Maine a Wrongful Death lawsuit must be brought in the name of the personal representative of the deceased person. The following individuals are who can receive the benefit of a wrongful death suit:
- Surviving spouse, if no minor children
- Children, if no surviving spouse
- 1/2 for a surviving spouse and 1/2 for minor children (split evenly among them)
- to other family members if no surviving spouse or children (IAW Section 2-106 of Maine Law)
What can be awarded in a Wrongful Death lawsuit?
When a Wrongful Death claim is brought to a trial, a Maine jury can award damages (money) in any amount it believes is fair and just. The jury is free to award money to the estate of the decedent for the reasonable costs of medical, surgical and hospital care, as well as funeral expenses.
The jury may also award up to $500,000 to personal representative for loss of comfort, society and companionship. This amount may also include emotional distress. A jury may also award punitive damage of up to $250,000. A separate claim may be brought if the decedent did not perish immediately and experienced conscious suffering after the event.
You may also be able to settle a wrongful death suit outside of court, if a fair settlement can be reached. However, in any suit where minor children are involved, the court needs to approve the settlement on their behalf. At Earner & Weaver, we will take your case to court, if necessary. We believe the court is the great equalizer in America. We don’t back down until the other party agrees to do what is right.
I first reached out to Mike after I had problems with an insurance company not paying for what they should. Within a week we had a plan together and had a letter out to the company explaining why they were wrong and what they needed to do to make it right. They responded about a week later and agreed to make it right. His knowledge of the law and ability to get people to do what is right is awesome. There is nobody I would recommend more.Mark (Sanford)
Who you work with matters.
Who will I be working with at your firm?
In York County, you will be working directly with Attorney Michael Earner. Attorney Earner is a founding member of the firm. He is in charge of the day-to-day operations and ensuring that clients are properly cared for.
Michael has always had a passion for helping people and always seeks out opportunity to serve others. When Michael was in his early 20’s, he answered a call to give back by joining the US Army shortly after September 11, 2001.
Michael was injured during a combat patrol in Afghanistan and he opted to undergo an early, honorable, medical discharge from the military. He is now a disabled veteran rated at 100%.
Michael decided to continue his service to others as a lawyer and used his GI Bill to go to law school. In Maine, Michael is a Master Mason (Raised in Naval Lodge #184), he also serves as an Assistant Scoutmaster in the Boy Scouts of America and he can be found working with youth as a sports coach on football, soccer and lacrosse fields around the county.
Michael has earned five college degrees including two undergraduate (A.S, B.A.) and three graduate degrees (J.D., L.L.M., M.B.A) and has completed additional graduate coursework at Massachusetts Institute of Technology and Cornell University. Most people would describe Michael as exactly the type of attorney you want working on your side. He is smart, he is tough, he stands for what is right, and he is also very down to earth, easy to work with, and really easy to talk to.
Attorney Earner helped me with a legal issue that I didn’t expect to be in and that caused a lot of immediate stress and potential hardship for me and my family. He got involved immediately and within a few days I knew everything was going to be ok. He completely resolved the issue for me and it turned out exactly the way I had hoped. He will always be my first call and I recommend anyone in Eliot or anywhere in York county do the same.Megan (Eliot)
I Need Help, How Do I Get Started
The best way to get started is to simply give us a call. We have a pretty easy to remember phone number: 877-8MaineLaw. You can call any time, day or night. If we can’t answer, you will get a call back very quickly. If you prefer that we call you first, you can simply fill out a form on the right side of the screen and we will contact you shortly.