Who Can File a Wrongful Death Claim in Maine

By the FigureMyTax Editorial Team · How we calculate

Maine separates who files from who gets paid: the personal representative brings the case, and the money bypasses probate to reach the heirs directly.

The personal representative files

Under 18-C M.R.S. §2-807(2), every wrongful death action must be brought by and in the name of the personal representative or a special administrator of the deceased person. Family members don't file in their own names.

Heirs are paid directly, outside probate

After funeral expenses and the costs of recovery, including attorney fees, the recovery is distributed directly to the decedent's heirs without becoming part of the probate estate. It is for their exclusive benefit, split according to Maine's intestacy rules. The one exception is any amount the jury specifically awards to the estate for reasonable medical, surgical, hospital and funeral expenses — or, in a settlement, an allocation the documents specifically make for those items.

Settlements and children

A claim settled without a lawsuit must still be distributed as the statute provides. A settlement on behalf of minor children isn't valid unless a court approves it under 14 M.R.S. §1605.

A separate count for suffering before death

If death followed a period of conscious suffering, that suffering can be pursued as a separate count in the same action. It is subject to the same limit on the amount recoverable and goes to the same beneficiaries, with only one recovery for the same injury.

This is general information, not legal advice. Heir status and distribution depend on the specific family situation. Confirm who qualifies in your case with a licensed Maine attorney.