Wrongful death in Maine
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Death
A person died.
2
Wrongful act
The death was caused by a wrongful act, neglect, or default that would have supported a claim by the decedent if they had lived.
3
Survivors
The claim is brought by a statutory beneficiary or personal representative, not just anyone who is sad about it.
4
Damages
The statute lists what can be recovered: typically loss of support, services, companionship. Punitive damages are jurisdiction-specific.
Burden of proof
Preponderance of the evidence. The underlying tort (often negligence) still has to be proven.
A Maine fact pattern
Wrongful death in maine.
Statute of limitations
2 years
18-C M.R.S. § 2-807
Two years from the date of death. Shorter than the six-year injury clock.
- Do not borrow § 752 for a death file.