Maine Personal Injury Statute of Limitations
Statute of limitations, discovery rule, statute of repose, and government claim deadlines in Maine.
Personal injury: 6 years §14-752
The general personal injury statute of limitations in Maine is 6 years from the date of injury. This covers negligence claims arising from car accidents, slip and falls, defective products, and other incidents causing bodily harm.
Six years for personal injury (Me. Rev. Stat. tit. 14 § 752). Medical malpractice: 3 years ([tit. 24 § 2902]).
Wrongful death: 3 years §18-C-2-807
Wrongful death claims must be filed within 3 years of the date of death — not the date of the negligent act that ultimately caused death. Three years after the decedent's death (18-C M.R.S. § 2-807(2), as amended by PL 2023, c. 390). Exception: if the death was caused by a homicide, the action may be commenced within 6 years of the date the personal representative or special administrator discovers there is a just cause of action against the person who caused the homicide.
Medical malpractice deadlines §24-2902
Medical malpractice claims in Maine have specific deadline rules that may differ from the general personal injury statute.
3 years from the act or omission giving rise to the injury (discovery only for foreign objects left in the body). Minors: 6 years from accrual or 3 years after reaching the age of majority, whichever first occurs. No damage caps for medical malpractice in Maine.
No general discovery rule
Maine generally starts the clock from the date of the negligent act or injury, not the date the plaintiff discovers the harm. This makes prompt investigation and early legal consultation especially important in cases where injuries develop gradually.
Tolling — when the clock pauses
Certain circumstances may pause (toll) the statute of limitations, effectively extending the filing deadline:
- Minority — if the injured person is under 18, the statute of limitations is typically tolled until they reach the age of majority. A parent or guardian can file on the minor's behalf before then.
- Mental incapacity — if the injured person is mentally incapacitated at the time of injury, the clock may not start until capacity is restored
- Defendant absence from the state — if the defendant leaves Maine, the time away may not count toward the limitations period
- Fraudulent concealment — if the defendant actively concealed the injury or the cause of harm, the clock may be tolled until discovery
Government claims: shorter notice deadlines §14-8101 et seq.
Claims against Maine government entities have separate, shorter notice requirements that must be satisfied before a lawsuit can be filed: Notice of claim within 180 days of the act or omission to the appropriate government body ([tit. 14 § 8107]).
Maine Tort Claims Act. Government liability limited to $400,000 per occurrence.
Summary of Maine deadlines
| Claim Type | Deadline in Maine | |
|---|---|---|
| General personal injury | 6 years from injury §14-752 | |
| Wrongful death | 3 years from date of death §18-C-2-807 | |
| Medical malpractice | Specific rules apply §24-2902 | |
| Government claims | Notice required: Notice of claim within 180 days of the act or omission to the appropriate government body ([tit §14-8101 et seq. |
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