State wrongful death guide
Maine Wrongful Death Law Guide
In Maine, wrongful death claims are filed by the estate’s personal representative, with damages available for economic loss and companionship but subject to statutory caps.
Quick facts for Maine
- Who can file: A Maine wrongful death claim is brought by the personal representative of the decedent's estate. The recovery ultimately benefits the surviving spouse, children, parents, or other eligible family members depending on statutory priority.
- Deadline to file: Most Maine wrongful death actions must be filed within two years of the date of death. Exceptions apply when the death results from homicide, in which case the deadline may extend or be tolled.
- Key statute: Me. Rev. Stat. tit. 18-C, § 2-807
Types of compensation families may pursue
- Medical and hospital expenses from the final injury
- Funeral and burial expenses
- Lost financial support and benefits
- Loss of companionship, comfort, and society
- Punitive damages (in limited cases of malicious or reckless conduct)
Maine caps noneconomic damages (including loss of companionship and comfort). At the time of writing, the cap is adjusted periodically by statute. Punitive damages, where allowed, are capped at $250,000.
Maine wrongful death law: a guide for grieving families
Maine’s wrongful death law tries to balance compassion with structure: it acknowledges the emotional devastation of losing someone while also placing clear limits on what can be recovered. When you’re grieving, these rules can feel distant and rigid. Understanding them can help you regain a small sense of control during an overwhelming time.
Below is a plain-English overview of who can file, what damages are available, and how Maine’s statutory caps work.
1. What is “wrongful death” in Maine?
A wrongful death occurs when someone’s wrongful act, neglect, or default causes another person’s death. If the deceased could have brought a personal-injury action had they survived, their estate can bring a wrongful death claim instead.
Common examples include:
- Fatal car and truck collisions
- Medical errors, delayed diagnoses, or negligent treatment
- Unsafe property conditions leading to falls or injuries
- Dangerous or defective products
- Workplace incidents caused by third parties
The claim is civil, even if criminal charges also arise.
2. Who files the lawsuit?
Maine requires the action to be filed by the personal representative of the estate.
This is often:
- The executor named in a will, or
- A court-appointed administrator if there is no will
Family members do not file individual lawsuits. Instead, the estate brings one unified case, and the law dictates how any recovery is distributed among the spouse, children, parents, or other statutory beneficiaries.
3. What damages can families recover?
Maine permits both economic and limited noneconomic damages.
Economic damages include:
- Medical bills related to the fatal injury
- Funeral/burial costs
- Loss of financial support, income, and benefits
Noneconomic damages include:
- Loss of comfort, companionship, and society
- Emotional contributions the deceased provided to their family
Punitive damages
Allowed only when the defendant acted with malice or wanton, reckless indifference. These damages are capped at $250,000.
4. Damage caps
Maine is one of the few states with explicit caps on noneconomic damages in wrongful death cases.
The cap amount increases periodically by statute.
Punitive damages have a separate fixed cap.
5. Statute of limitations
Most claims must be filed:
- Within two years of the date of death
In homicide-related deaths, the limitations period may be tolled or extended.
6. Practical steps for families
- Identify the personal representative or discuss appointment with the probate court
- Gather medical bills, funeral receipts, and accident reports
- Document the deceased’s earnings and role in the household
- Speak with a Maine wrongful death lawyer to understand how caps may affect your case
7. Disclaimer
This is general informational material, not legal advice. Specific outcomes depend on the facts of each case.