An Act To Amend the Intestate Succession and Wills Laws Concerning Wrongful Death
Maine Legislature, Session 124, LD 0428
Committee: judiciary
Sponsors: DILL, BLISS, PRIEST

Legislative Document 
No. 428 
H.P.316 
House of Representatives, Febmary 10, 2009 
An Act To Amend the Intestate Succession and Wills Laws 
Concerning Wrongful Death 
Reference to the Committee on judiciary suggested and ordered printed. 
Presented by Representative DILL of Cape Elizabeth. 
Cosponsored by Senator BLISS of Cumberland and 
Representative: PRIEST of Bmnswick. 
Printed on recycled ,,"per 
'77/J.-~ 1J1. 7l/tU~{ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. lS-A MRSA §2-S04, sub-§(b), as amended by PL 2007, c. 280, §1, is 
further amended to read: 
(b). 
Every ffi:1€h wrongful death action must be brought by and in the name of the 
personal representative of the deceased person, and the. The amount recovered in every 
ffi:1€h wrongful death action, except as otherwise provided, is for the exclusive benefit of 
the surviving spouse if no minor children, and of the children if no surviving spouse, and 
one'-half for the exclusive beriefit of the surviving spouse and one-half for the exclusive 
benefit of the minor children to be divided equally among them if there are both surviving 
spouse and minor children, and to the deceased's heirs to be distributed as provided in 
section 2-106 if there is neither surviving spouse nor minor children. The jury may give 
ffi:1€h damages as it determines a fair and just compensation with reference to the 
pecuniary injuries resulting from the death to the persons for whose benefit the action is 
brought and in addition shall give such damages as that will compensate the estate of the 
deceased person for reasonable expenses of medical, surgical and hospital care and 
treatment and for reasonable funeral expenses, and in. In addition, the jury may give 
damages not exceeding $500,000 for the loss of comfort, society and companionship of 
the deceased, including any damages for emotional distress arising from the same facts as 
those constituting the underlying claim, to the persons for whose benefit the action is 
brought, and in addition. 
The jury may. also give punitive damages not exceeding 
$75,000, provided that $250,000 if the action is commenced within 2 years after the 
decedent's death. If a claim under this section is settled without an action having been 
commenced, the amount paid in settlement must be distributed as provided in this 
subsection. :we A settlement on behalf of minor children is not valid unless approved by 
the court, as provided in Title 14, section 1605. 
Sec. 2. lS-A MRSA §3-S17, suh-§(a), as amended by PL 2001, c. 217, §2, is 
further amended to read: 
(a). :we A personal action or cause of action is not lost by the death of either party, 
but the same, including claims for pecuniary losses of the deceased that would have been 
realized but for the death, survives for and against the personal representative of the 
deceased, except that actions or causes of action for the recovery of penalties and 
forfeitures of money under penal statutes do not survive the death of the defendant. A 
personal representative may seek relief from a judgment in an action to which the 
deceased was a party to the same extent that the deceased might have done so. 
S~ARY 
This bill amends the intestate succession and wills laws concerning wrongful death 
by increasing the amount of punitive damages that may be awarded from $75,000 to 
$250,000. The bill also clarifies that claims for pecuniary losses are not lost by the death 
of either party. 
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