Who Can File a Wrongful Death Lawsuit​ in Maine?

The Short Answer:

In Maine, a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. This individual is often named in the will as the executor or personal representative, or if there is no will, a court may appoint a personal representative to serve in this role. While the personal representative is the one who officially files the lawsuit, the compensation awarded is distributed to the deceased’s heirs according to Maine law.

If you’ve lost a loved one and are unsure where to start, you’re not alone. At Lowry Law, we help grieving families understand their rights, navigate these difficult questions, and seek the justice they deserve.

Key Takeaways

• Only the estate’s personal representative can file the lawsuit, not the beneficiaries directly.
• Damages go to legal heirs, but who receives what depends on the family structure and Maine law.
• Compensation can include funeral costs, lost income, and loss of companionship.
• Maine sets a deadline to file a wrongful death claim, usually within 3 years of the death. If the death occurred before October 25, 2023, the personal representative must file within 2 years of the date of the death.
• A Maine wrongful death lawyer can handle the legal burden while you focus on healing.

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What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a legal action taken when a person dies as a result of another party’s negligence, recklessness, or intentional harm. This could include situations like:

• Motor vehicle accidents
• Defective products
• Dangerous property conditions
• Nursing home neglect and abuse

The lawsuit seeks compensation for the financial and emotional losses suffered by the surviving family members due to the death.

Civil vs. Criminal: How Wrongful Death Differs from Homicide Charges

While both wrongful death and criminal homicide involve the loss of life due to another party’s actions, they serve different legal purposes. A wrongful death claim is a civil lawsuit brought by the deceased person’s estate to recover financial compensation for surviving family members. In contrast, a criminal homicide case is pursued by the government and aims to punish the wrongdoer with criminal penalties like prison or fines.

These cases can happen separately or at the same time. A wrongful death lawsuit can be filed even if no criminal charges are brought, or in addition to a criminal case already in progress.

Who Can File a Wrongful Death Claim in Maine?

In Maine, only the personal representative of the deceased’s estate can file a wrongful death lawsuit. This person is either:

• Named in the decedent’s will or estate plan as the executor or personal representative, or
• Appointed by the court if there is no will 

Even though the lawsuit is filed by the personal representative, it is brought on behalf of the surviving family members who are entitled to receive damages under Maine law.

Who Gets the Money in a Wrongful Death Lawsuit?

While the representative files the claim, the compensation is distributed to the deceased person’s legal beneficiaries. This typically includes:

• Spouse
• Children
• Parents (in some cases)
• Other legal heirs, if there are no immediate family members

Who receives compensation from a wrongful death lawsuit in Maine depends on several factors, especially the deceased’s next of kin. Maine law has specific rules that affect how damages are divided, and the details of each case will influence who is eligible to receive compensation and how much they may receive.

If you are a spouse, child, parent, partner, close relative, or friend of someone who has passed away due to negligence, please contact our wrongful death lawyers. We can help you understand your rights and walk you through who may be entitled to compensation under Maine’s wrongful death laws.

What Damages Can Be Recovered in a Maine Wrongful Death Case?

A wrongful death claim in Maine can result in compensation for both economic and non-economic losses suffered by the deceased’s family. These may include:

• Medical bills and final expenses related to the person’s injury or illness
• Funeral and burial costs
• Lost future income and benefits the deceased would have provided
• Loss of companionship, care, and emotional support
• Emotional pain and suffering experienced by close family members
• Punitive damages in cases involving extreme recklessness or intentional harm

There are caps on certain types of damages in Maine. Because the types and limits of damages can be complex, it’s best to consult an experienced wrongful death attorney to understand what may apply in your specific case.

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What Is the Statute of Limitations for Wrongful Death in Maine?

The statute of limitations is the legal deadline to file a lawsuit. In Maine, you have 3 years from the date of death to file a wrongful death claim.

Failing to file within this timeframe could mean losing your right to compensation, regardless of how strong your case is. Shorter deadlines may apply in certain situations, and the sooner you act, the better your chances of protecting your family’s rights and building a strong case. 

Do I Need a Lawyer to File a Wrongful Death Lawsuit?

Filing a wrongful death lawsuit on your own can be overwhelming, especially when you’re grieving. A qualified attorney can be your strongest ally, helping you navigate the legal system and protecting your family’s right to compensation.

Here’s how working with a wrongful death lawyer can benefit you:

• Guidance Through Legal Complexities: Wrongful death claims involve estate law, civil procedure, and liability standards. A lawyer understands how these systems work together and helps ensure nothing falls through the cracks.
• Accurate Identification of Who Can File and Recover: Determining who is eligible to file the lawsuit and receive compensation can be legally complicated. Your attorney will help clarify your role and rights under Maine law.
• Negotiation With Insurance Companies: Insurers often try to minimize payouts. A lawyer knows how to push back, build leverage, and advocate for the full value of your claim.
• Protection of Deadlines and Evidence: Maine has strict time limits for filing. Your attorney will help make sure all filings are timely and evidence is preserved.
• Maximizing Compensation: From calculating financial losses to understanding what non-economic damages are available, a skilled lawyer will pursue every dollar your family may be entitled to.

At Lowry Law, we’re committed to helping families in Maine get answers, accountability, and justice. We take on the legal burden so you can focus on healing.

Why Choose Lowry Law for Your Wrongful Death Case?

At Lowry Law, we understand that pursuing a wrongful death lawsuit isn’t just about compensation—it’s about finding justice, honoring your loved one, and securing your family’s future. These cases are emotionally complex and legally challenging, and we’re here to shoulder that burden with both skill and compassion.

When you work with our firm, you can expect:

• Personalized Support from a Local Team Who Truly Cares: You’re not just another case to us. We take the time to listen to your story, understand your family’s unique needs, and offer support every step of the way.
• Deep Knowledge of Maine’s Wrongful Death Laws: With extensive experience handling these types of claims across the state, we know the nuances of Maine law and how to navigate its rules effectively.
• Aggressive Advocacy When It Matters Most: Whether we’re negotiating with insurers or fighting for you in court, we’re relentless in protecting your rights and pursuing what your family may be owed.
• Clear, Compassionate Communication: Legal proceedings can be confusing and intimidating. We keep you informed with clear updates, explain each step, and make sure you’re never left in the dark.
• No Fees Unless We Win: You shouldn’t have to worry about legal bills while grieving a loved one. That’s why we work on a contingency basis—you only pay if we recover compensation for your family.

We know that no amount of money can ever replace your loved one. But holding the responsible party accountable, and ensuring your family is financially secure, can be a powerful step forward. Our trusted team is ready to help you take that step with dignity, determination, and care.

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Take the First Step Toward Justice for Your Loved One

Losing someone you love is devastating, especially when their death could have been prevented. If you’re wondering who can file a wrongful death lawsuit or whether your family may be entitled to compensation, we have answers.

At Lowry Law, we’ll walk you through your rights, help determine who can file, and fight to hold the responsible party accountable, so your family can begin the path toward closure and financial stability.

Contact us today for a free consultation. Let us help you find answers, justice, and peace of mind.