STATE OF MAINE
[COUNTY] SUPERIOR COURT
Civil Action Docket No. ______
[PLAINTIFF_PR_NAME], as Personal Representative of the Estate of
[DECEDENT_FULL_NAME], Deceased,
Plaintiff,
v.
[DEFENDANT_NAME],
Defendant.
COMPLAINT FOR WRONGFUL DEATH AND SURVIVAL ACTION
(JURY TRIAL DEMANDED)
[// GUIDANCE: This template is drafted for use in Maine Superior Court under the Maine Rules of Civil Procedure. Verify local procedural rules—especially Rules 3, 4, 7, 8, 9, 10, and 11—before filing.]
TABLE OF CONTENTS
- Preliminary Statement
- Parties
- Jurisdiction and Venue
- Statement of Facts
- Count I – Wrongful Death (18-C M.R.S.A. § 2-807)
- Count II – Survival Action (Conscious Pain & Suffering)
- Damages Sought
- Jury Demand
- Conditions Precedent
- Prayer for Relief
- Reservation of Rights
- Verification & Certification
- Signature Block
[// GUIDANCE: Delete this Table of Contents if your court’s filing system auto-generates one.]
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 statutory caps on non-economic and punitive damages 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 for the benefit of Decedent’s statutory beneficiaries, including [LIST—e.g., surviving spouse, children, parents] as identified under 18-C M.R.S.A. § 2-807(2).
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 statutory beneficiaries (subject to the statutory cap);
b. Reasonable pecuniary injuries, including loss of support, services, and contributions;
c. Reasonable medical, funeral, and burial expenses; and
d. Punitive damages (subject to the statutory cap) due to Defendant’s willful, wanton, or reckless 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 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.
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. Compensatory damages in an amount to be determined by the trier of fact, consistent with the caps and limitations of 18-C M.R.S.A. § 2-807;
b. Medical, funeral, and burial expenses;
c. Conscious pain and suffering damages;
d. Punitive damages to the extent permitted by statute;
e. Pre- and post-judgment interest;
f. Costs of suit; and
g. Any such other relief the Court deems just and proper.
[// GUIDANCE: Under Maine law, personal injury pleadings must not state a specific dollar amount (see M.R. Civ. P. 8(a)).]
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. Compensatory damages in amounts to be determined at trial and consistent with statutory caps;
B. Punitive damages 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
[// GUIDANCE: Maine courts do not require a verification for most civil complaints, but some judges prefer one in wrongful death matters. Add if desired.]
13. SIGNATURE BLOCK
Respectfully submitted,
text
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
[// GUIDANCE: Attach a completed, signed civil summons form (M.R. Civ. P. 4(a)) when filing and ensure service is achieved within 90 days of commencement (Rule 3).]