Wrongful
Death
A jury in New
Haven, Connecticut, has awarded $2.3 million to the family of a man who was
killed as he rode his bicycle and was struck by a van.
The
case is of interest to people in Maine, because a Maine statute limits the
amount which can be recovered for the loss of a loved one, and an award such as
this in our sister New England state is a reminder of community values and how
out of step Maine is in this regard.
Although
there is no limit in Maine law for the amount which can be recovered for
financial loss, such as funeral expenses and loss of future earnings, our
statute does limit recovery for loss of companionship to $500,000.
The
news report of the Connecticut case in the New Haven Register of December 22,
2012, does not give a breakdown of how the award was made, but it is very
likely that a large portion was to compensate the widow for the loss of
companionship of her husband. The
deceased was an immigrant from Honduras who had been a medical doctor in his
native country and was preparing to take a medical license examination in
Connecticut.
In my
view the Maine statute results in unfair compensation for people who have lost
a loved one in an accident. It seems
logical that a jury of peers is in a better position to reflect community
values than legislators in Augusta who have no knowledge at all of the
particulars of any given case. Why
should the life of a Maine resident be worth less than a life in Connecticut?
