Accidental Death

Wrongful Death Claims Under old English law where a person’s death was caused by the fault of another person, the claim to recover money damages for the loss died with the victim, and the guilty party had no obligation to compensate the survivors. In every state, including Maine (and also under modern law in England) the state legislature has enacted laws modifying the old rule and permitting recovery by the survivors in cases where an accidental death is the result of the negligent, careless, intentional or reckless acts of another person. Most states allow recovery in whatever amount a jury may determine to be fair, but some states, including Maine, place a limit on the amount which the guilty party must pay for the loss of comfort and companionship suffered by the surviving family members. In Maine this amount has been raised from time to time and is currently set at $500,000. There is no limit on recovery for so-called pecuniary losses such as funeral and medical expenses, future loss of financial support and other financial losses due to the death of the victim. You may be surprised to learn that the surviving spouse is not entitled to the entire amount of whatever is recovered in a wrongful death action unless there are no surviving minor children. Although the law covering wrongful death cases is not exceptionally complex, these cases do involve some unique considerations, so family members who have lost a loved one will be best served by retaining a law firm with experience in this field.