Why the first number is rarely the real number
Insurance adjusters routinely open negotiations with a conservative figure, expecting a counteroffer. Accepting that first offer typically closes the claim permanently — there's generally no going back to ask for more later, even if additional injuries or costs surface afterward.
A genuinely high bar for punitive damages
Maine courts set a demanding standard for punitive damages: gross negligence or recklessness alone isn't enough. The conduct generally has to rise closer to malice before punitive damages come into play at all. That standard, applied consistently across case types, makes punitive damages claims comparatively rare in Maine compared to some other states.
Where a punitive claim fits changes whether it's capped
Here's a genuinely distinctive nuance for wrongful death cases: punitive damages sought under the Wrongful Death Act itself are capped at $500,000. But Maine wrongful death cases are typically brought alongside a separate common-law survival claim — for the decedent's own pre-death pain and suffering — and punitive damages pursued through that survival claim are not subject to the Wrongful Death Act's cap at all.
What this means practically
If punitive damages are genuinely in play in a Maine wrongful death matter, which legal theory carries that claim — the statutory wrongful death count or the common-law survival count — can be a meaningfully consequential structural choice, not just a drafting formality. This is exactly the kind of distinction worth raising directly with an attorney rather than assuming either way.
The baseline still applies
None of this changes the ordinary approach to a first offer: compare it against a complete, well-documented account of your actual damages before deciding whether to accept or counter, since the decision is generally final once made.