Wrongful Death Lawsuits in Maine
Who can bring a wrongful death claim in Maine, the deadline to file, and any limits on damages.
Short answer: The action must be brought by and in the name of the personal representative or special administrator of the person who died. 18-C M.R.S. § 2-807(2)
| Who can sue for wrongful death | The action must be brought by and in the name of the personal representative or special administrator of the person who died. After funeral expenses and costs of recovery (including attorney fees), the money goes directly to the heirs in the shares set by Maine's intestacy laws, without becoming part of the probate estate. Source: 18-C M.R.S. § 2-807(2) |
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| Wrongful death deadline | Within 3 years after the death. If the death was caused by a homicide, the action may be filed within 6 years after the personal representative discovers there is a cause of action against the person who caused the homicide. Source: 18-C M.R.S. § 2-807(2) |
| Damage caps | No general cap on damages in personal injury cases was found. In wrongful death cases, damages for loss of comfort, society and companionship (including related emotional distress) may not exceed $1,000,000, adjusted for inflation, and punitive damages may not exceed $500,000. Claims against governmental entities are capped at $400,000 per occurrence. |
More Maine personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Maine
- Medical Malpractice Rules in Maine
- Car Accident Claims in Maine
- Dog Bite Liability in Maine
- Sidewalk and Public Property Falls in Maine
- Motorcycle Accident Claims in Maine
- Pedestrian Accident Claims in Maine
- Bicycle Accident Claims in Maine
- Uber and Lyft Accident Claims in Maine
- Truck Accident Claims in Maine
- Construction Site Injuries in Maine
- All Maine personal injury & wrongful death rules
FAQ
Who can file a wrongful death lawsuit in Maine?
The action must be brought by and in the name of the personal representative or special administrator of the person who died. After funeral expenses and costs of recovery (including attorney fees), the money goes directly to the heirs in the shares set by Maine's intestacy laws, without becoming part of the probate estate.
How long do you have to file a wrongful death lawsuit in Maine?
Within 3 years after the death. If the death was caused by a homicide, the action may be filed within 6 years after the personal representative discovers there is a cause of action against the person who caused the homicide.
Does Maine cap damages in personal injury cases?
No general cap on damages in personal injury cases was found. In wrongful death cases, damages for loss of comfort, society and companionship (including related emotional distress) may not exceed $1,000,000, adjusted for inflation, and punitive damages may not exceed $500,000. Claims against governmental entities are capped at $400,000 per occurrence.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.