Wrongful Death Laws in Maine
When someone loses their life because of another person’s negligence or wrongdoing, the impact on their loved ones is devastating. In Maine, wrongful death laws give surviving family members the ability to pursue financial compensation and justice. While no lawsuit can replace a loved one, holding the responsible party accountable may offer some relief and help support those left behind.
Who Can File a Wrongful Death Claim in Maine?
In Maine, only the personal representative of the deceased’s estate can file a wrongful death claim. This person is usually named in the deceased’s will or appointed by the court. Although the claim is filed by the representative, the compensation is distributed to the beneficiaries—typically close family members.
Those who may receive compensation include:
- The spouse
- Children
- Parents (if the deceased had no spouse or children)
- Other heirs, depending on the situation
What Constitutes a Wrongful Death?
A wrongful death occurs in Maine when a person dies due to the negligent, reckless, or intentional actions of another party. These cases often arise from:
- Motor vehicle accidents
- Medical malpractice
- Fatal workplace incidents
- Nursing home neglect or abuse
- Defective products or unsafe property
- Physical assaults or other criminal acts
If the deceased would have had grounds for a personal injury claim had they survived, their estate may file a wrongful death claim on their behalf.
What Types of Damages Can Be Recovered?
A wrongful death claim in Maine can result in both economic and non-economic damages, including:
- Medical expenses related to the fatal injury
- Funeral and burial costs
- Lost income and benefits the deceased would have provided
- Loss of companionship, comfort, and care
- Emotional distress suffered by the family
- Legal and administrative costs
Maine law also allows for punitive damages of up to $250,000 in cases where the death was caused by particularly outrageous or intentional misconduct.
Time Limit to File a Wrongful Death Claim in Maine
In Maine, the statute of limitations for filing a wrongful death claim is two years from the date of the person’s death. This deadline is strict. If you fail to file within this period, the court is likely to dismiss your case, and you may lose your right to recover compensation.
Starting the process early can help ensure evidence is preserved and legal requirements are met.
Wrongful Death and Car Accidents in Maine
Car accidents are one of the most common sources of wrongful death cases in Maine. If a loved one was killed in a crash due to speeding, distracted driving, impaired driving, or another form of negligence, the estate can file a claim against the responsible party.
Maine follows a modified comparative fault rule. If the deceased was less than 50% at fault, compensation may still be awarded, but it may be reduced according to their percentage of fault.
Work-Related Deaths in Maine
If a person dies in a job-related accident, surviving dependents may qualify for workers’ compensation death benefits, which typically include funeral expenses and weekly wage replacement. However, if a third party (such as a contractor or equipment manufacturer) played a role in the fatal accident, the family may also have the option to file a wrongful death claim against them.
Frequently Asked Questions About Wrongful Death in Maine
Can multiple family members receive compensation?
Yes. While the personal representative files the claim, damages may be distributed among eligible family members, depending on their relationship to the deceased and the losses they suffered.
What if the deceased didn’t leave a will?
If there’s no will, the court appoints a personal representative—usually a close family member—to handle the estate and file the wrongful death claim.
Is there a cap on damages?
Maine law allows punitive damages up to $250,000, but there is no general cap on compensatory damages such as medical bills or lost income.
Can a wrongful death claim proceed if there’s also a criminal case?
Yes. A wrongful death lawsuit is separate from a criminal prosecution. You can pursue compensation even if the at-fault party is also facing criminal charges—or if they’re not convicted.
Speak With a Maine Wrongful Death Attorney
If you lost someone due to negligence or misconduct, a wrongful death attorney in Maine can guide you through your options. They’ll help you understand your rights, meet critical deadlines, and fight for fair compensation. Contact a local attorney today for a free consultation and compassionate legal support.