Legal Question in Personal Injury in Maine

Suing Someone for Personal Injuries after they have died.

Is it possible to sue someone that has injured you then was arrested for the assault, and commited suicide in jail?


Asked on 7/20/08, 4:58 am

3 Answers from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: Suing Someone for Personal Injuries after they have died.

Yes,it is possible. The estate, or any insurance in place before the person died, is responsible for his/her pre-death conduct.

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Answered on 7/21/08, 8:49 am
David Marchese Drummond & Drummond, LLP

Re: Suing Someone for Personal Injuries after they have died.

I must add to Attorney Gamache's response to you. Notable is that you are talking about an assault, which is an intentional act. Most insurance policies exclude coverage for intentional acts. Therefore, if the person who assaulted you does not have assets to use for any judgment, it may not be worth proceeding.

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Answered on 7/21/08, 10:24 am
David Marchese Drummond & Drummond, LLP

Re: Suing Someone for Personal Injuries after they have died.

I must add to Attorney Gamache's response to you. Notable is that you are talking about an assault, which is an intentional act. Most insurance policies exclude coverage for intentional acts. Therefore, if the person who assaulted you does not have assets to use for any judgment, it may not be worth proceeding.

Read more
Answered on 7/21/08, 10:24 am


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