States With Caps on Wrongful Death Damages
Maine caps the family's noneconomic damages after a death at a high, inflation-indexed figure, while the injured person's own claim would have had no cap at all.
What is capped, and what isn't
Under 18-C M.R.S. §2-807(2), the jury may award uncapped compensation for pecuniary injuries. It may also award up to $1,000,000, adjusted for inflation, for the loss of comfort, society and companionship of the deceased, including emotional distress, and up to $500,000 in punitive damages.
Indexed since 2023
For deaths after 2023, the noneconomic amount is adjusted by the Consumer Price Index against a 2023 reference year. Commentary on the change notes the cap had never previously been tied to the index. Earlier increases came in a 2019 law, which moved the limit from $500,000 to $750,000.
How other states compare
Kansas is the closest parallel: its injury cap fell but the wrongful death cap survived, at $250,000. Kentucky sits at the opposite end — its constitution forbids limits on damages for injury and death alike. Maine's version is a legislative choice, one it has raised twice rather than left to a court.
Government defendants
An action against a governmental entity under the wrongful death statute is limited as provided in the Maine Tort Claims Act, which separately caps total damages in cases against the state and local governments.
A local personal injury attorney can review your claim — many offer a free consultation.
This is general information, not legal advice, and the jurisdiction comparisons above are illustrative, not an exhaustive survey. Confirm the current rule with a licensed attorney.