Maine Wrongful Death Statute

To Our Valued Client:

We have recently asked our attorney to outline what a
responsible party to an accident in Maine may be liable for
should a wrongful death occur. Outlined below are the various
damages, which may be awarded regardless of insurance
coverage. It's especially important to note that item #4 has
recently been increased to $400,000 from $150,000. We
strongly encourage you to give serious consideration to all
items outlined in this statute when selecting liability limits for
your home, auto, recreational vehicle, business policies, etc.

Title 18-A MRSA Section 2-084

Under Maine law, whenever the death of a person is caused
by a wrongful act or the negligence of another party, the
person or corporation who caused the death is liable for
damages to the estate of the person who died.

Damages under the Maine Wrongful Death act may be
awarded as follows:

Pecuniary Damages - Pecuniary damages include the lost
earnings that the decedent would have earned for his
family during his or her work-life expectancy. (As an
example, assume that a male decedent 45 years of age
is killed in an automobile collision and that at the time of
the accident he was earning $50,000 per year. Based on
his work life expectancy of 16.6 years, the present value
of his future lost earnings based would be $547,200
based on a 4% fair rate of return.

(1)

(2)

(3)

(4)

(5)

Medical, Surgical & Hospital Care;

Funeral Expenses;

Loss of comfort, society & companionship up to a limit
of $400,000.

Punitive Damages - in cases on intentional actions
(e.g. murder) not to exceed $75,000.

Should you wish to consider higher liability limits in light of
this statute, please call or stop in to discuss.

Best Regards,

Rob Kieffer, CIC