Wrongful Death Complaint - Maine

Before filing: Complete and file the separate Maine Civil Summary Sheet (CV-001) with this complaint under Me. R. Civ. P. 5(h). The official Summary Sheet does not replace this complaint.

STATE OF MAINE

[COUNTY] COUNTY, SUPERIOR COURT

Civil Action Docket No. [________________________________]

COMPLAINT FOR WRONGFUL DEATH AND CONSCIOUS SUFFERING

Before filing: If any beneficiary is a minor child, a settlement on that child's behalf requires court approval under 18-C M.R.S.A. § 2-807(2) and 14 M.R.S.A. § 1605. If Defendant is a governmental entity, apply the Maine Tort Claims Act limits incorporated by § 2-807(4).

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 – Conscious Suffering
7. Damages Sought
8. Jury Demand
9. Conditions Precedent
10. Prayer for Relief
11. Reservation of Rights
12. Rule 11 Signature
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 damages recoverable under 18-C M.R.S.A. § 2-807 for pecuniary injury, loss of comfort, society and companionship (subject to the $1,000,000 base cap adjusted under § 1-108 for a death after 2023), and any supported punitive claim (capped at $500,000). Plaintiff also seeks the separate conscious-suffering recovery under § 2-807(3) and any estate allocation for reasonable medical, surgical, hospital or funeral expenses that is specifically awarded under § 2-807(2).

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.

3.2 Venue is proper in [COUNTY] County under 14 M.R.S.A. § 501 because [☐ Plaintiff resides here / ☐ Defendant resides here / ☐ the cause of action arose here].

3.3 This Court has personal jurisdiction over Defendant because [☐ Defendant resides in Maine / ☐ Defendant's tortious act or its consequences occurred in Maine, as shown by [FACTS], under 14 M.R.S.A. § 704-A(2)(B) / ☐ OTHER FACTUAL BASIS].

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 was appointed personal representative on [DATE] by [COURT] and is authorized to bring this action. After payment of funeral expenses and recovery costs, including attorney's fees, wrongful-death proceeds are distributed directly to Decedent's heirs outside the probate estate as provided in 18-C M.R.S.A. § 2-807(2). An amount specifically awarded or allocated to the estate for reasonable medical, surgical, hospital, or funeral expenses is payable to the estate. Beneficiaries and any estate allocation: [IDENTIFY].

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 the preceding factual allegations.

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, subject to the $1,000,000 base cap adjusted under 18-C M.R.S.A. § 1-108 for the year of Decedent's death;

b. Fair and just compensation for the pecuniary injuries resulting from Decedent's death, including proven loss of financial support, subject to any applicable statutory limit;

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

d. Punitive damages, if supported by the evidence and Maine law, not to exceed $500,000.

6. COUNT II – CONSCIOUS SUFFERING

(18-C M.R.S.A. § 2-807(3))

6.1 Plaintiff realleges and incorporates the preceding factual allegations.

6.2 Under 18-C M.R.S.A. § 2-807(3), Defendant is liable in a separate count for conscious suffering before death if the pleaded injury and death resulted from Defendant's wrongful act, neglect or default. This count is for the beneficiaries described in subsection 2, subject to that subsection's limits, with only one recovery for the same injury.

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

6.4 Plaintiff, as personal representative, seeks the damages recoverable for that conscious suffering for the statutory beneficiaries, together with prejudgment interest allowed under 14 M.R.S.A. § 1602-B.

7. DAMAGES SOUGHT

7.1 Subject to the proof, beneficiary-allocation rules, and any applicable statutory limits, Plaintiff seeks:

a. Pecuniary damages in an amount to be determined by the trier of fact as fair and just compensation for the pecuniary injuries resulting from Decedent's death;

b. Damages for loss of comfort, society, and companionship, subject to the $1,000,000 base cap adjusted as provided in 18-C M.R.S.A. § 1-108 for the year of Decedent's death;

c. Reasonable medical, surgical, hospital, and funeral expenses specifically allocated to the estate;

d. Conscious-suffering damages under § 2-807(3) for the statutory beneficiaries, without duplicate recovery;

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

Plaintiff requests a trial by jury on all issues triable of right by jury and will file the demand and pay the fee as required by the Superior Court's scheduling order under Me. R. Civ. P. 38(b).

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 and damages for loss of comfort, society, and companionship subject to the adjusted § 2-807(2) cap and any other applicable statutory limit, as determined at trial;
B. Conscious-suffering damages under § 2-807(3) for the statutory beneficiaries, without duplicate recovery;
C. Reasonable medical, surgical, hospital, and funeral expenses specifically allocated to the estate;
D. Punitive damages, not to exceed $500,000, if supported by the evidence and Maine law;
E. Reasonable costs and interest allowed by law; and
F. 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. RULE 11 SIGNATURE

Under Me. R. Civ. P. 11(a)(5), the attorney's signature represents that the attorney has read this complaint, has good ground to support it to the best of the attorney's knowledge, information, and belief, and is not filing it for delay.

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