Wrongful Death Laws in Maine
In the state of Maine, you can sue for wrongful death under statute 18-A M.R.S. § 2-804. A civil wrongful-death suit may be filed regardless of the outcome of any criminal case regarding the death in question.
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Causes
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A wrongful death is a death caused by the wrongful act or negligence of a person or corporation. Many wrongful death suits are brought because of car accidents caused by negligence or drunk driving. Other wrongful death causes include drowning, poisoning and falls.
Who May Sue
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Wrongful death actions must be filed in the name of the deceased and by a personal representative of the deceased, such as next of kin or relatives from the immediate family, or their attorneys. The surviving spouse and minor children, if any, receive any recovered money. The heirs receive money recovered if the deceased had no spouse or children.
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Damages
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Juries may award compensatory damages in wrongful death cases to cover costs of medical treatment and funeral expenses. In addition, juries may award up to $500,000 for emotional distress due to loss of the deceased. They may also award up to $250,000 in punitive damages.
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References
- Photo Credit wrecked car image by hazel proudlove from Fotolia.com
