Wrongful death is a legal liability claim or cause of action that may be made in a civil lawsuit (noncriminal case) for money damages against a person or entity whose negligence or intentional act wrongfully caused the death of the deceased person (the decedent).

Wrongful death claims may allow a deceased tort victim’s estate, surviving parents, children, and spouse to recover damages for their losses from the victim’s death.

Laws regarding wrongful death claims vary from state to state. In many states the legislature has enacted statutes (laws) governing any recovery for wrongful death. And in some states the law regarding recovery for wrongful death may be located in the state’s court opinions (also known as case law, common law, or judicial decisions).

In Maine, wrongful death claims are governed by the Maine Wrongful Death Statute (Title 18-C, Article 2, Section 2-807 of the Maine Revised Statutes). This statute allows the personal representative of the deceased person's estate to file a civil lawsuit seeking monetary damages for the death if it was caused by a wrongful act, neglect, or default that would have allowed the deceased to file a personal injury claim had they survived. The damages recovered can include compensation for lost earnings, loss of comfort, society, and companionship of the deceased, and reasonable funeral expenses, among others. The statute specifies who may benefit from any damages awarded, which typically includes the spouse, children, parents, and any blood relatives who were dependent on the deceased. The statute of limitations for filing a wrongful death claim in Maine is generally two years from the date of death. It is important for those considering such a claim to consult with an attorney to understand the specific application of the law to their situation.