If you have lost a loved one due to someone else’s negligence in Maine, understanding your legal rights is a critical first step toward justice. This guide covers Maine’s wrongful death laws, profiles three law firms that handle these cases, and answers the most important questions families face.
Introduction
Losing a family member due to another party’s negligence is devastating. Maine’s wrongful death framework provides meaningful protections for families, with a comprehensive damages framework that includes both the family’s losses and the estate’s recovery. Maine caps the loss of comfort, society and companionship category at $1,000,000 (inflation-adjusted) and allows punitive damages up to $500,000; pecuniary damages are uncapped.
Maine Wrongful Death Laws
The Maine Wrongful Death Statute
Maine’s wrongful death law is governed by Maine Revised Statutes Title 18-C § 2-807. The statute requires the Personal Representative of the deceased’s estate to file the claim.
Who Can File
The Personal Representative of the deceased’s estate must file.
Statute of Limitations
Maine imposes a 3-year statute of limitations, measured from the date of death (extended from 2 years by LD 934, effective October 25, 2023).
Recoverable Damages
Maine allows recovery for pecuniary loss, loss of comfort and society, and funeral expenses. Maine imposes a $1,000,000 inflation-adjusted cap on the loss of comfort, society and companionship category of damages. Pecuniary damages are not subject to a cap. Maine also allows punitive damages up to $500,000.
Survival Action
Maine maintains a separate survival action alongside the wrongful death claim, allowing the estate to recover for the deceased’s own conscious pre-death suffering.
Top 3 Wrongful Death Attorneys in Maine
1. Berman & Simmons
Location: Lewiston, Portland, Bangor, ME
Phone: (207) 784-3576
Website: https://bermansimmons.com
Widely considered the premier personal injury and medical malpractice firm in Maine. They have unparalleled resources to hire world-class medical and economic experts. Because Maine’s pecuniary damages are uncapped, Berman & Simmons consistently secures the largest, multi-million dollar wrongful death verdicts in the state by masterfully proving both pecuniary devastation and the deep loss of comfort and society.
2. Gideon Asen LLC
Location: Portland, Bangor, ME
Phone: (207) 200-2444
Website: https://gideonasen.com
A highly specialized boutique trial firm that takes a low volume of catastrophic injury and wrongful death cases to provide maximum attention. They frequently handle complex medical malpractice deaths and catastrophic maritime and boating fatalities, aggressively pursuing both the wrongful death and survival claims.
3. Peter Thompson & Associates
Location: Portland, ME (Offices statewide)
Phone: (800) 804-2004
Website: https://peterthompsonlaw.com
With over two decades of experience, this firm operates strictly on a contingency basis. They excel at guiding families through Maine’s probate courts to appoint the Personal Representative, and are highly effective negotiators who frequently force insurance companies into substantial settlements for fatal motor vehicle and premises liability claims before trial.
Frequently Asked Questions
Are there caps on damages in Maine?
Maine imposes a $1,000,000 inflation-adjusted cap on the loss of comfort, society and companionship category of damages. Pecuniary damages – such as lost future earnings and financial support – are not subject to any cap. Maine also allows punitive damages up to $500,000. Juries may award full compensation for pecuniary loss without limitation.
What is loss of comfort and society in Maine?
Maine’s damages framework includes loss of comfort and society as a recognized category of non-economic loss. This encompasses the human value of the relationship with the deceased – the companionship, guidance, and emotional support the family has lost. This category is subject to a $1,000,000 inflation-adjusted cap under Maine Revised Statutes Title 18-C § 2-807.
What should I do immediately after losing a loved one due to negligence?
Contact a wrongful death attorney immediately. The 3-year deadline runs from the date of death. The probate appointment process takes time — begin the legal process promptly regardless. Preserve all evidence and do not speak with insurance companies before consulting an attorney.
Closing
Maine’s wrongful death framework provides families with comprehensive legal tools and uncapped pecuniary damages. The firms listed above have the resources to pursue maximum recovery. If you have lost a loved one due to another party’s negligence, contact one of these attorneys today.
For immediate grief support, contact the National Alliance for Grieving Children at (866) 432-1542.