Wrongful Death Complaint - Maine

STATE OF MAINE

[COUNTY] COUNTY, SUPERIOR COURT

Civil Action Docket No. [________________________________]

COMPLAINT FOR WRONGFUL DEATH AND SURVIVAL ACTION

(JURY TRIAL DEMANDED)

TABLE OF CONTENTS

1. Preliminary Statement
2. Parties
3. Jurisdiction and Venue
4. Statement of Facts
5. Count I – Wrongful Death (18-C M.R.S.A. § 2-807)
6. Count II – Survival Action (Conscious Pain & Suffering)
7. Damages Sought
8. Jury Demand
9. Conditions Precedent
10. Prayer for Relief
11. Reservation of Rights
12. Verification & Certification
13. Signature Block

1. PRELIMINARY STATEMENT

1.1 This is a civil action for wrongful death brought pursuant to 18-C M.R.S.A. § 2-807 and related Maine common and statutory law, arising from the fatal incident that occurred on [ACCIDENT_DATE] at or near [ACCIDENT_LOCATION].

1.2 Plaintiff seeks (a) all damages recoverable for wrongful death, including damages for loss of comfort, society, and companionship (capped at $1,000,000, adjusted for inflation as provided in 18-C M.R.S.A. § 1-108) and punitive damages (capped at $500,000) as prescribed by 18-C M.R.S.A. § 2-807, (b) damages for Decedent's conscious pain and suffering prior to death, (c) reimbursement of medical, funeral, and burial expenses, and (d) all other relief to which Plaintiff is entitled.

2. PARTIES

2.1 Plaintiff. [PLAINTIFF_PR_NAME] (“Plaintiff”) is the duly appointed Personal Representative of the Estate of [DECEDENT_FULL_NAME] (“Decedent”), acting pursuant to Letters of Authority issued by the [NAME OF PROBATE COURT] on [APPOINTMENT_DATE]. Plaintiff’s address is [PLAINTIFF_ADDRESS].

2.2 Decedent. Decedent was a resident of [DECEDENT_RESIDENCE_CITY], Maine, who died on [DATE_OF_DEATH] as a direct and proximate result of Defendant’s conduct described herein.

2.3 Defendant. [DEFENDANT_NAME] (“Defendant”) is a [corporation/LLC/individual/etc.] organized under the laws of [STATE OF INCORPORATION OR RESIDENCE] with its principal place of business at [DEFENDANT_ADDRESS]. Defendant regularly transacts business in the State of Maine and, at all relevant times, acted through its agents, servants, and/or employees.

3. JURISDICTION AND VENUE

3.1 This Court has subject-matter jurisdiction over this action pursuant to 4 M.R.S.A. § 105 and Maine Rule of Civil Procedure 3.

3.2 Venue is proper in this Court under 14 M.R.S.A. § 501 because the cause of action arose in [COUNTY] County and/or Defendant resides, has its principal place of business, or may be served in this County.

3.3 Personal jurisdiction over Defendant exists because Defendant purposely availed itself of the privilege of conducting activities in Maine, and the causes of action asserted herein arise from those activities.

4. STATEMENT OF FACTS

4.1 On [ACCIDENT_DATE] at approximately [TIME], Defendant [describe negligent act/omission—e.g., “operated a commercial vehicle while distracted and failed to maintain a proper lookout”] on [ROAD/LOCATION].

4.2 As a direct and proximate result of Defendant’s negligent, reckless, and/or otherwise wrongful conduct, Decedent sustained severe injuries leading to death on [DATE_OF_DEATH].

4.3 Prior to death, Decedent consciously experienced pain, suffering, and mental anguish.

4.4 Plaintiff has complied with all probate prerequisites and is statutorily authorized to bring this suit. Any amounts recovered are distributable directly to Decedent's heirs, without becoming part of the probate estate, in the proportions provided under Maine's intestacy laws, 18-C M.R.S.A. §§ 2-101 to 2-113, and are for the benefit of [LIST—e.g., surviving spouse, children, parents] as identified therein.

4.5 All conditions precedent to filing this action have occurred, been satisfied, or have been waived.

5. COUNT I – WRONGFUL DEATH

(18-C M.R.S.A. § 2-807)

5.1 Plaintiff realleges and incorporates by reference Paragraphs 1 through 4.5 as if fully set forth herein.

5.2 Defendant owed Decedent a duty to [describe duty—e.g., operate its vehicle with reasonable care, maintain safe premises, etc.].

5.3 Defendant breached that duty by [specific negligent acts/omissions].

5.4 Defendant’s breach was the direct and proximate cause of Decedent’s death.

5.5 Pursuant to 18-C M.R.S.A. § 2-807, Plaintiff is entitled to recover for:

a. Loss of comfort, society, and companionship suffered by the beneficiaries for whose benefit this action is brought, including emotional distress damages arising from the same facts, not to exceed $1,000,000 (adjusted for inflation as provided in 18-C M.R.S.A. § 1-108);

b. Fair and just compensation for the pecuniary injuries resulting from Decedent's death, including Decedent's lost future earnings, without statutory limitation;

c. Reasonable medical, surgical, hospital, and funeral expenses, if specifically awarded to the Estate; and

d. Punitive damages, not to exceed $500,000, due to Defendant's malicious conduct.

6. COUNT II – SURVIVAL ACTION

(Conscious Pain and Suffering)

6.1 Plaintiff realleges and incorporates by reference Paragraphs 1 through 5.5.

6.2 Under Maine's survival statute, 18-C M.R.S.A. § 3-817, and common law, causes of action for personal injuries survive the death of the injured person and may be pursued by the personal representative of the estate. This survival claim for conscious pain and suffering is a separate count brought pursuant to 18-C M.R.S.A. § 2-807(3), subject to the same limitations as to amount recoverable as set forth in § 2-807(2), with only one recovery permitted for the same injury.

6.3 Decedent consciously endured pain, suffering, and mental distress from the time of injury until death.

6.4 Plaintiff, on behalf of the Estate, seeks all damages recoverable for such conscious pain and suffering, together with prejudgment interest pursuant to 14 M.R.S.A. § 1602-B.

7. DAMAGES SOUGHT

7.1 Without waiving the right to full recovery, Plaintiff seeks:

a. Pecuniary damages in an amount to be determined by the trier of fact, without statutory limitation, as fair and just compensation for the pecuniary injuries resulting from Decedent's death;

b. Damages for loss of comfort, society, and companionship, not to exceed $1,000,000 (adjusted for inflation as provided in 18-C M.R.S.A. § 1-108);

c. Medical, funeral, and burial expenses;

d. Conscious pain and suffering damages;

e. Punitive damages, not to exceed $500,000, to the extent permitted by statute;

f. Pre-judgment interest pursuant to 14 M.R.S.A. § 1602-B and post-judgment interest pursuant to 14 M.R.S.A. § 1602-C;

g. Costs of suit; and

h. Any such other relief the Court deems just and proper.

8. JURY DEMAND

Pursuant to Rule 38(b) of the Maine Rules of Civil Procedure and Article I, Section 20 of the Maine Constitution, Plaintiff demands a trial by jury on all issues so triable.

9. CONDITIONS PRECEDENT

All conditions precedent to Plaintiff’s right to maintain this action have been performed, have occurred, or have been waived.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendant as follows:

A. Pecuniary damages, without statutory limitation, and damages for loss of comfort, society, and companionship not to exceed $1,000,000 (adjusted for inflation as provided in 18-C M.R.S.A. § 1-108), as determined at trial;
B. Punitive damages, not to exceed $500,000, to the extent allowed by 18-C M.R.S.A. § 2-807;
C. An award of reasonable costs and such interest as allowed by law; and
D. All other relief the Court deems just and equitable.

11. RESERVATION OF RIGHTS

Plaintiff reserves the right to amend this Complaint to conform to the evidence and to assert additional causes of action or parties as discovery may reveal.

12. VERIFICATION & CERTIFICATION

Pursuant to Me. R. Civ. P. 11, the undersigned attorney certifies that, to the best of counsel's knowledge, information, and belief formed after reasonable inquiry, this Complaint is well grounded in fact and warranted by existing law, and is not interposed for any improper purpose.

13. SIGNATURE BLOCK

Respectfully submitted,

DATED: [__/__/____]

[________________________________]
[ATTORNEY_NAME], Esq.
Maine Bar No. [BAR_NUMBER]
[LAW_FIRM_NAME]
[ADDRESS_LINE_1]
[ADDRESS_LINE_2]
Tel: [PHONE]
Email: [EMAIL]
Counsel for Plaintiff

END OF DOCUMENT