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Monthly Archives: August 2016

Don’t wait, donate!

judge_0I think some may be reluctant to donate on Ayla’s go fund me page because of something McKee brought up a few months ago.

mckeekitty

June 28, 2016 at 9:23 pm

Maine law limits the amount of time available for filing a wrongful death claim. Specifically, Maine Revised Statutes Title 18, Section 2-804 requires that these lawsuits be filed in the state’s court system no later than two years after the date of the deceased person’s death.

A wrongful death claim that is filed after the two-year “window” has closed will almost certainly be thrown out by the court without a hearing, depriving the surviving family members and the estate of a valuable tool for ensuring accountability and compensation. So it is important to pay attention to the deadline.
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Surely Bigos and CG know about this, right?

CG’s response –

CG

June 29, 2016 at 1:12 am

I am not providing any legal advice in this case. I looked up the law to see what it says. When a person is declared dead after being missing 5 years, the person is presumed to have died at the end of the period unless there is sufficient evidence to determine that the death occurred earlier. Whatever goes on the death certificate becomes prima facie proof of the date of death (among other things), regardless of the underlying reality. https://legislature.maine.gov/statutes/18-A/title18-A.pdf See section 1-107(3) and (1). Interesting the death cert is prima facie proof, meaning it could be rebutted… now wouldn’t that put Justin in an odd position…

More from McKee –

mckeekitty

June 29, 2016 at 5:54 pm

Hey Foil! Hope you are well!

I’m pretty green when it comes to law statutes, so perhaps CG can chime in. But as I see it, Jeff will have to prove Ayla passed long AFTER December 17, 2011. Proof will have to be furnished that she passed in 2015 or 2016 to go forward with the wrongful death civil suit. The two year SOL on filing a wrongful death suit is pretty cut and dry.

Honestly. Between securing a death certificate and proving Ayla passed within the past two years is going to be a tall order.

Again…hope you are well!

Then Jeff chimed in –

Jeff Hanson

June 29, 2016 at 7:15 pm

Hey Kitty Kitty, One would have to assume that a wrongful death SOL would not begin until a death certificate has been issued.

… and Jeff doesn’t have to prove anything, it’s not my lawsuit:/

I can understand being concerned about donating money for a wrongful death suit that could be thrown out due to the SOL running out, but since Ayla’s remains have not been found I don’t think the timing would begin until the death certificate is issued. In my opinion the two years will begin from the issuance date of the death certificate.

Why would a seasoned lawyer from a prestigious law firm take the case pro bono, if there wasn’t a case?

As of now we have $1295 of the $1630 goal, we only need $335 more. If you’ve been waiting to help out with the costs of this big step toward justice for Ayla, donate now. Thank you to all the awesome people who have already helped and thank you also to those who have been praying!

1656156_590276937715355_1842257529_nMaine State Police Tip Line  –   207-624-7076
 
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Posted by on August 31, 2016 in Uncategorized

 

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