An Act to Amend the Laws Governing Damages Awarded for Wrongful Death
Maine Legislature, Session 131, LD 0934
Committee: Judiciary
Sponsors: MOONEN, HENDERSON, LEE, SHEEHAN, CARNEY
Amends: 18-C MRSA §2

Legislative Document
No. 934
H.P. 581
House of Representatives, March 2, 2023
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 Representatives: HENDERSON of Rumford, LEE of Auburn, SHEEHAN of 
Biddeford, Senator: CARNEY of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  18-C MRSA §2-807, sub-§2, as amended by PL 2019, c. 198, §1 and c. 
417, Pt. A, §3, is further amended to read:
2.  Wrongful death action; damages; limitations.  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 under the intestacy laws of this State in sections 2‑101 to 
2‑113.  The jury may give damages as it determines a fair and just compensation 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 $750,000 $1,500,000 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.  The jury may also give punitive damages not exceeding $250,000 
$1,000,000.  An action under this section must be commenced within 2 3 years after the 
decedent's death, except that if the decedent's death is caused by a homicide, the action may 
be commenced within 6 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 increases the limit on damages for the loss of comfort, society and 
companionship and emotional distress in a case of wrongful death from $750,000 to 
$1,500,000. It also increases the limit on punitive damages from $250,000 to $1,000,000 
and increases from 2 years to 3 years the time after the decedent's death within which a 
wrongful death action must be commenced.