An Act To Amend the Laws Governing Damages Awarded for Wrongful Death
Maine Legislature, Session 129, LD 0841
Committee: Judiciary
Sponsors: MOONEN, LAWRENCE, BAILEY
Amends: 18-C MRSA §2

Legislative Document
No. 841
H.P. 615
House of Representatives, February 14, 2019
An Act To Amend the Laws Governing Damages Awarded for 
Wrongful Death
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative MOONEN of Portland.
Cosponsored by Senator LAWRENCE of York and
Representative: BAILEY of Saco.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  18-C MRSA §2-807, sub-§2, as enacted by PL 2017, c. 402, Pt. A, §2 
and affected by Pt. F, §1, is amended to read:
2.  Wrongful death action; damages; limitation.  Every wrongful death action must 
be brought by and in the name of the personal representative or special administrator of 
the deceased person, and is distributable, after payment for funeral expenses and the costs 
of recovery including attorney's fees, directly to the decedent's heirs without becoming 
part of the probate estate, except as may be specifically provided in this subsection.  The 
amount recovered in every wrongful death action, except as specifically provided in this 
subsection, is for the exclusive benefit of the deceased's heirs to be distributed to the 
individuals and in the proportions as provided in sections 2-102 and 2-103.  The jury may 
give damages as it determines a fair and just compensation for the probable duration of 
life of the deceased person but for the injury, and with reference to the pecuniary injuries 
resulting from the death.  Damages are payable to the estate of the deceased person only 
if the jury specifically makes an award payable to the estate for reasonable expenses of 
medical, surgical and hospital care and treatment and for reasonable funeral expenses or, 
in the case of a settlement, the settlement documents specifically provide for such an 
allocation to the estate for the same.  In addition, the jury may give damages not 
exceeding $500,000 $1,000,000 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.  The jury may also give punitive damages not exceeding $250,000.  An action 
under this section must be commenced within 2 years after the decedent's death, except 
that if the decedent's death is caused by a homicide, the action may be commenced within 
years of the date the personal representative or special administrator of the decedent 
discovers that there is a just cause of action against the person who caused the homicide.  
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.  A 
settlement on behalf of minor children is not valid unless approved by the court, as 
provided in Title 14, section 1605.
SUMMARY
This bill provides that a jury in a case of wrongful death may give damages as it 
determines a fair and just compensation for the probable duration of life of the deceased 
person but for the injury.  It increases the limit on damages for the loss of comfort, 
society and companionship and emotional distress from $500,000 to $1,000,000 and 
removes the limit on punitive damages in a case of wrongful death.