Maine Personal Injury Laws: Deadlines to Sue, Fault Rules and Damage Caps
Maine injury rules: deadline to sue, medical malpractice and wrongful death time limits, comparative fault, damage caps, dog bites and auto insurance minimums.
Quick answers for Maine
- Deadline to sue for an injury
- Six years. Maine's general rule is that civil actions must be filed within 6 years after the cause of action accrues, unless another statute sets a different period. Personal injury claims fall under this general rule. 14 M.R.S. § 752
- Fault rule (comparative negligence)
- Modified comparative negligence. A claim is not defeated by the injured person's own fault, but the damages are reduced by the amount the jury thinks just and equitable given the claimant's share of responsibility. 14 M.R.S. § 156
- Wrongful death deadline
- Within 3 years after the death. If the death was caused by a homicide, the action may be filed within 6 years after the personal representative discovers there is a cause of action against the person who caused the homicide. 18-C M.R.S. § 2-807(2)
- Minimum car insurance
- Proof of financial responsibility for each registered vehicle must be at least $50,000 per person and $100,000 per accident for bodily injury or death, $25,000 for property damage, $2,000 in medical payments coverage and $500 for towing and storage charges. 29-A M.R.S. § 1605(1)(C), (2)
Last verified: 2026-10-27
Deadlines to file
| Deadline to sue for an injury | Six years. Maine's general rule is that civil actions must be filed within 6 years after the cause of action accrues, unless another statute sets a different period. Personal injury claims fall under this general rule. Some injury claims have shorter special deadlines, such as medical malpractice (3 years), wrongful death (3 years) and claims against governmental entities (2 years). Source: 14 M.R.S. § 752 |
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| Deadline to sue for property damage | Six years under Maine's general limitation period for civil actions. Source: 14 M.R.S. § 752 |
| Medical malpractice deadline | Three years from the date of the act or omission that caused the injury (not from discovery). Exception: when a foreign object was left in the body, the time runs from when the patient discovered or reasonably should have discovered the harm. A minor must sue within 6 years after the act or within 3 years after reaching adulthood, whichever comes first. Source: 24 M.R.S. § 2902 |
| Wrongful death deadline | Within 3 years after the death. If the death was caused by a homicide, the action may be filed within 6 years after the personal representative discovers there is a cause of action against the person who caused the homicide. Source: 18-C M.R.S. § 2-807(2) |
| Suing the government | Under the Maine Tort Claims Act, a written notice of claim must be filed within 365 days after the claim accrues (later only for good cause), with the state agency involved and the Attorney General for state claims, or with an appropriate official for a town, city or other political subdivision. The notice must include the claimant's name and address, the facts of the incident, the injury and the amount claimed. A lawsuit must be filed within 2 years after the claim accrues. Total damages, including costs, are capped at $400,000 for all claims arising from a single occurrence, and punitive damages are not allowed. Damages cap: https://legislature.maine.gov/statutes/14/title14sec8105.html ; 2-year deadline: https://legislature.maine.gov/statutes/14/title14sec8110.html Source: 14 M.R.S. §§ 8105, 8107, 8110 |
Fault and damages
| Fault rule (comparative negligence) | Modified comparative negligence. A claim is not defeated by the injured person's own fault, but the damages are reduced by the amount the jury thinks just and equitable given the claimant's share of responsibility. The statute provides that a claimant found by the jury to be equally at fault may not recover. Maine's statute reduces damages by a dollar amount the jury considers fair, not strictly by percentage. Source: 14 M.R.S. § 156 |
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| Damage caps | No general cap on damages in personal injury cases was found. In wrongful death cases, damages for loss of comfort, society and companionship (including related emotional distress) may not exceed $1,000,000, adjusted for inflation, and punitive damages may not exceed $500,000. Claims against governmental entities are capped at $400,000 per occurrence. |
| Medical malpractice caps | The Maine Health Security Act does not contain a cap on malpractice damages. If the patient dies, the wrongful death limits apply: up to $1,000,000 (adjusted for inflation) for loss of comfort, society and companionship and up to $500,000 in punitive damages. |
| Punitive damages | Maine has no general punitive damages statute; they are governed by court decisions. By statute, punitive damages in a wrongful death action may not exceed $500,000, and no judgment against a governmental entity may include punitive or exemplary damages. |
Wrongful death
| Who can sue for wrongful death | The action must be brought by and in the name of the personal representative or special administrator of the person who died. After funeral expenses and costs of recovery (including attorney fees), the money goes directly to the heirs in the shares set by Maine's intestacy laws, without becoming part of the probate estate. Source: 18-C M.R.S. § 2-807(2) |
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| Wrongful death deadline | Within 3 years after the death. If the death was caused by a homicide, the action may be filed within 6 years after the personal representative discovers there is a cause of action against the person who caused the homicide. Source: 18-C M.R.S. § 2-807(2) |
Car accidents and dog bites
| Reporting a crash to police | A 'reportable accident' is one on a public way or a place where public traffic is expected that causes bodily injury, death, or apparent property damage of $2,000 or more (based on the market value of needed repairs). It must be reported immediately, by the quickest means, to a state police officer or field office, the county sheriff's office or a deputy, or the local police department or officer. The operator, someone acting for the operator, or (if the operator is unknown) an owner who knows of the accident must make the report. The investigating officer must send a report to the Chief of the State Police within 5 days of notification (§ 2251(4)). Source: 29-A M.R.S. § 2251(1)-(2) |
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| Crash report to the DMV | Maine does not require a separate driver-filed written report to the Secretary of State; the former 48-hour report was repealed. The State Police receive accident reports and send them to the Secretary of State. An owner or operator must give the Secretary of State any additional information it requires to decide whether proof of financial responsibility is needed. Accident reports are for statistics and accident prevention and generally cannot be used as evidence at trial (§ 2251(7)). The State Police chief may provide a copy of the officer's report on written request, at the requester's cost. |
| Leaving the scene (hit and run) | An operator in a crash causing injury or death must stop at or return to the scene, stay, give name, address and registration number, let the other person see the driver license on request, show proof of insurance on request, and give reasonable help to anyone injured. For damage to an attended vehicle, the operator must stop and give the same information; for an unattended vehicle, notify the owner or leave a note with name, address, registration number and what happened; for other property damage (including injury or death of a dog, cat or livestock), take reasonable steps to notify the owner. Failing to stop or help after an injury crash is a Class D crime, or a Class C crime if done intentionally, knowingly or recklessly and the crash caused serious bodily injury or death. Leaving after damaging a vehicle or property is a Class E crime. Failing only to show proof of insurance is a traffic infraction. Vehicle damage: https://legislature.maine.gov/statutes/29-A/title29-Asec2253.html ; unattended vehicle: https://legislature.maine.gov/statutes/29-A/title29-Asec2254.html |
| Minimum car insurance | Proof of financial responsibility for each registered vehicle must be at least $50,000 per person and $100,000 per accident for bodily injury or death, $25,000 for property damage, $2,000 in medical payments coverage and $500 for towing and storage charges. Source: 29-A M.R.S. § 1605(1)(C), (2) |
| Dog bites | When a dog injures a person who is not on the owner's or keeper's premises, the owner or keeper is liable for the damages without proof of negligence; the injured person's fault reduces recovery for physical injury only if it exceeded the owner's fault. For other animal injuries (or dog injuries on the owner's premises), the owner or keeper is liable if the damage resulted from the owner's negligence and was not the injured person's fault. Source: 7 M.R.S. § 3961 |
Slip, trip and fall injuries
| Sidewalk falls: who is responsible | Under the Maine Tort Claims Act, a government entity (the State, a town or city, or another political subdivision) is not liable for any defect, lack of repair or lack of sufficient railing in a highway, town way, sidewalk, parking area, causeway or bridge. It can be liable for its negligence during construction, street cleaning or repair operations on those ways, including signs, traffic lights, parking meters and guardrails. The Act does not itself say whether the owner of the property next to a sidewalk is responsible for it. Any such claim is also subject to the Tort Claims Act notice, deadline and damage-cap rules (14 M.R.S. §§8105, 8107, 8110). Source: 14 M.R.S. §8104-A(4) |
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| Claims against a city or county | The Maine Tort Claims Act covers both the State and local governments. A written notice of claim must be filed within 365 days after the claim arises (later only for good cause), stating the claimant's name and address, what happened, when and where, any government employee involved, the injury, and the amount of damages claimed; for a town, city or other political subdivision it is filed with a person who could be served with a summons for that entity. The lawsuit must be started within 2 years after the claim arises. Damages, including costs, are capped at $400,000 for all claims from a single occurrence. §8110: https://legislature.maine.gov/statutes/14/title14sec8110.html ; §8105: https://legislature.maine.gov/statutes/14/title14sec8105.html . Minors may give notice within 365 days after turning 18 and sue within 2 years after turning 18. Source: 14 M.R.S. §§8107, 8110, 8105(1) |
| Injuries on land used for recreation | Owners, lessees, managers, easement holders and occupants owe no duty to keep land safe for, or to warn people who enter it for, outdoor recreation or harvesting activities (such as hunting, fishing, hiking, biking, skiing, snowmobiling, boating or swimming), and giving permission does not make the visitor an invitee or licensee. The protection does not apply to a willful or malicious failure to guard or warn against a danger, or where permission was given for payment (other than certain payments such as from the State). A landowner found not liable under this law is awarded legal costs, including reasonable attorney's fees. Source: 14 M.R.S. §159-A |
Motorcycle, pedestrian, bicycle, Uber/Lyft and truck crashes
| Motorcycle helmet law | Maine requires a helmet only for motorcycle or moped operators and passengers under 18, operators riding on a learner's permit or within one year of passing the driving test, and any passenger of an operator who must wear one. Other adult riders are not required to wear a helmet. Helmets must meet state standards. The helmet statute does not say that not wearing a helmet reduces damages in a lawsuit. Source: 29-A M.R.S. §2083 |
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| Lane splitting | Maine's motorcycle lane-use law says a motorcycle operator may not overtake or pass in the lane occupied by the vehicle being overtaken, except when passing a bicycle or a roller skier (law enforcement officers on duty are exempt). Motorcycles may use the full lane, no more than 2 motorcycles may ride abreast in one lane, and drivers may not deprive a motorcycle of the full use of a lane. Source: 29-A M.R.S. §2062(4), (5) |
| Pedestrian right-of-way | When traffic signals are not operating, drivers must yield to a pedestrian crossing in a marked crosswalk or who has shown visible intent to enter it, must yield to pedestrians on sidewalks, and may not pass a vehicle stopped for a crossing pedestrian. A pedestrian crossing other than in a marked crosswalk must yield to vehicles, may not cross between adjacent signalized intersections except in a marked crosswalk, and may not suddenly step into the path of a vehicle too close to yield. Drivers passing a pedestrian on the road or shoulder must leave at least 3 feet, and must always use due care to avoid hitting a pedestrian. Source: 29-A M.R.S. §2056 |
| Bicycle laws | A bicyclist on a public way has the rights and duties of a vehicle operator, except for special rules. Drivers passing a bicycle must leave at least 3 feet, and a collision with a bicyclist is prima facie evidence of a violation. Bicyclists riding slower than traffic must keep to the right as far as practicable, with exceptions such as passing, turning left or avoiding hazards, and may ride on paved shoulders. Bicyclists and passengers under 16 must wear a helmet on public roads and bikeways. §2070: https://legislature.maine.gov/statutes/29-A/title29-Asec2070.html ; §2323: https://legislature.maine.gov/statutes/29-A/title29-Asec2323.html . The sections read do not address riding on sidewalks. |
| Uber and Lyft insurance | The Uber/Lyft-type (transportation network company) driver or the company must carry primary auto liability insurance. While the driver is logged into the app but not on a prearranged ride, minimums are $50,000 per person and $100,000 per incident for death and bodily injury and $25,000 for property damage. During a prearranged ride, the minimum is $1,000,000 for death, bodily injury and property damage. Both periods must include medical payments coverage and uninsured/underinsured motorist coverage, and if the driver's insurance lapses or falls short, the company must cover the claim from the first dollar. Source: 24-A M.R.S. §7303 |
| Truck safety and insurance rules | Maine law authorizes the Bureau of State Police to adopt by reference the federal motor carrier safety regulations, including driver qualifications (49 CFR 391), hours of service (49 CFR 395) and inspection, repair and maintenance (49 CFR 396), and to modify them or adopt state rules, including on drivers' hours of duty. The bureau may not exempt placarded hazardous-material carriers from the adopted federal rules. Federal minimum insurance for interstate carriers is in 49 CFR 387.9. Source: 29-A M.R.S. §555(1), (2) |
Construction accidents
| Construction site injuries | Maine's workers' compensation law sets the general rule for construction injuries. An employer that has secured workers' compensation is exempt from civil suits by its employees for work injuries, and the exemption extends to its employees, supervisors, officers and directors. The injured worker may still pursue damages from a third party (someone other than the employer) whose fault caused the injury, and the employer has a lien on that recovery for compensation it paid. §107: https://legislature.maine.gov/statutes/39-A/title39-Asec107.html . Construction subcontractor status is addressed in 39-A M.R.S. §§105, 105-A (not read). No search for a scaffold-type statute was done; no absence claim is made. Source: 39-A M.R.S. §§104, 107 |
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Personal Injury & Wrongful Death FAQ
What is the statute of limitations for personal injury in Maine?
Six years. Maine's general rule is that civil actions must be filed within 6 years after the cause of action accrues, unless another statute sets a different period. Personal injury claims fall under this general rule.
How long do you have to sue for property damage in Maine?
Six years under Maine's general limitation period for civil actions.
What is the statute of limitations for medical malpractice in Maine?
Three years from the date of the act or omission that caused the injury (not from discovery). Exception: when a foreign object was left in the body, the time runs from when the patient discovered or reasonably should have discovered the harm. A minor must sue within 6 years after the act or within 3 years after reaching adulthood, whichever comes first.
How long do you have to file a wrongful death lawsuit in Maine?
Within 3 years after the death. If the death was caused by a homicide, the action may be filed within 6 years after the personal representative discovers there is a cause of action against the person who caused the homicide.
Who can file a wrongful death lawsuit in Maine?
The action must be brought by and in the name of the personal representative or special administrator of the person who died. After funeral expenses and costs of recovery (including attorney fees), the money goes directly to the heirs in the shares set by Maine's intestacy laws, without becoming part of the probate estate.
Can you recover damages if you were partly at fault in Maine?
Modified comparative negligence. A claim is not defeated by the injured person's own fault, but the damages are reduced by the amount the jury thinks just and equitable given the claimant's share of responsibility. The statute provides that a claimant found by the jury to be equally at fault may not recover.
Does Maine cap damages in personal injury cases?
No general cap on damages in personal injury cases was found. In wrongful death cases, damages for loss of comfort, society and companionship (including related emotional distress) may not exceed $1,000,000, adjusted for inflation, and punitive damages may not exceed $500,000. Claims against governmental entities are capped at $400,000 per occurrence.
Is there a cap on medical malpractice damages in Maine?
The Maine Health Security Act does not contain a cap on malpractice damages. If the patient dies, the wrongful death limits apply: up to $1,000,000 (adjusted for inflation) for loss of comfort, society and companionship and up to $500,000 in punitive damages.
When can you get punitive damages in Maine?
Maine has no general punitive damages statute; they are governed by court decisions. By statute, punitive damages in a wrongful death action may not exceed $500,000, and no judgment against a governmental entity may include punitive or exemplary damages.
How do you file an injury claim against the government in Maine?
Under the Maine Tort Claims Act, a written notice of claim must be filed within 365 days after the claim accrues (later only for good cause), with the state agency involved and the Attorney General for state claims, or with an appropriate official for a town, city or other political subdivision. The notice must include the claimant's name and address, the facts of the incident, the injury and the amount claimed. A lawsuit must be filed within 2 years after the claim accrues. Total damages, including costs, are capped at $400,000 for all claims arising from a single occurrence, and punitive damages are not allowed.
Is a dog owner liable for a dog bite in Maine?
When a dog injures a person who is not on the owner's or keeper's premises, the owner or keeper is liable for the damages without proof of negligence; the injured person's fault reduces recovery for physical injury only if it exceeded the owner's fault. For other animal injuries (or dog injuries on the owner's premises), the owner or keeper is liable if the damage resulted from the owner's negligence and was not the injured person's fault.
What is the minimum car insurance required in Maine?
Proof of financial responsibility for each registered vehicle must be at least $50,000 per person and $100,000 per accident for bodily injury or death, $25,000 for property damage, $2,000 in medical payments coverage and $500 for towing and storage charges.
When do you have to report a car accident to the police in Maine?
A 'reportable accident' is one on a public way or a place where public traffic is expected that causes bodily injury, death, or apparent property damage of $2,000 or more (based on the market value of needed repairs). It must be reported immediately, by the quickest means, to a state police officer or field office, the county sheriff's office or a deputy, or the local police department or officer. The operator, someone acting for the operator, or (if the operator is unknown) an owner who knows of the accident must make the report.
Do you have to report a car accident to the DMV in Maine?
Maine does not require a separate driver-filed written report to the Secretary of State; the former 48-hour report was repealed. The State Police receive accident reports and send them to the Secretary of State. An owner or operator must give the Secretary of State any additional information it requires to decide whether proof of financial responsibility is needed.
What are your duties after a car accident in Maine?
An operator in a crash causing injury or death must stop at or return to the scene, stay, give name, address and registration number, let the other person see the driver license on request, show proof of insurance on request, and give reasonable help to anyone injured. For damage to an attended vehicle, the operator must stop and give the same information; for an unattended vehicle, notify the owner or leave a note with name, address, registration number and what happened; for other property damage (including injury or death of a dog, cat or livestock), take reasonable steps to notify the owner. Failing to stop or help after an injury crash is a Class D crime, or a Class C crime if done intentionally, knowingly or recklessly and the crash caused serious bodily injury or death. Leaving after damaging a vehicle or property is a Class E crime. Failing only to show proof of insurance is a traffic infraction.
Who is liable if you trip and fall on a sidewalk in Maine?
Under the Maine Tort Claims Act, a government entity (the State, a town or city, or another political subdivision) is not liable for any defect, lack of repair or lack of sufficient railing in a highway, town way, sidewalk, parking area, causeway or bridge. It can be liable for its negligence during construction, street cleaning or repair operations on those ways, including signs, traffic lights, parking meters and guardrails. The Act does not itself say whether the owner of the property next to a sidewalk is responsible for it.
How long do you have to file a claim against a city or county in Maine?
The Maine Tort Claims Act covers both the State and local governments. A written notice of claim must be filed within 365 days after the claim arises (later only for good cause), stating the claimant's name and address, what happened, when and where, any government employee involved, the injury, and the amount of damages claimed; for a town, city or other political subdivision it is filed with a person who could be served with a summons for that entity. The lawsuit must be started within 2 years after the claim arises. Damages, including costs, are capped at $400,000 for all claims from a single occurrence.
Is a landowner liable for injuries on land used for recreation in Maine?
Owners, lessees, managers, easement holders and occupants owe no duty to keep land safe for, or to warn people who enter it for, outdoor recreation or harvesting activities (such as hunting, fishing, hiking, biking, skiing, snowmobiling, boating or swimming), and giving permission does not make the visitor an invitee or licensee. The protection does not apply to a willful or malicious failure to guard or warn against a danger, or where permission was given for payment (other than certain payments such as from the State). A landowner found not liable under this law is awarded legal costs, including reasonable attorney's fees.
Do you have to wear a motorcycle helmet in Maine?
Maine requires a helmet only for motorcycle or moped operators and passengers under 18, operators riding on a learner's permit or within one year of passing the driving test, and any passenger of an operator who must wear one. Other adult riders are not required to wear a helmet. Helmets must meet state standards. The helmet statute does not say that not wearing a helmet reduces damages in a lawsuit.
Is lane splitting legal in Maine?
Maine's motorcycle lane-use law says a motorcycle operator may not overtake or pass in the lane occupied by the vehicle being overtaken, except when passing a bicycle or a roller skier (law enforcement officers on duty are exempt). Motorcycles may use the full lane, no more than 2 motorcycles may ride abreast in one lane, and drivers may not deprive a motorcycle of the full use of a lane.
Who has the right of way, a pedestrian or a driver, in Maine?
When traffic signals are not operating, drivers must yield to a pedestrian crossing in a marked crosswalk or who has shown visible intent to enter it, must yield to pedestrians on sidewalks, and may not pass a vehicle stopped for a crossing pedestrian. A pedestrian crossing other than in a marked crosswalk must yield to vehicles, may not cross between adjacent signalized intersections except in a marked crosswalk, and may not suddenly step into the path of a vehicle too close to yield. Drivers passing a pedestrian on the road or shoulder must leave at least 3 feet, and must always use due care to avoid hitting a pedestrian.
What are the bicycle laws in Maine?
A bicyclist on a public way has the rights and duties of a vehicle operator, except for special rules. Drivers passing a bicycle must leave at least 3 feet, and a collision with a bicyclist is prima facie evidence of a violation. Bicyclists riding slower than traffic must keep to the right as far as practicable, with exceptions such as passing, turning left or avoiding hazards, and may ride on paved shoulders. Bicyclists and passengers under 16 must wear a helmet on public roads and bikeways.
What insurance must Uber and Lyft drivers have in Maine?
The Uber/Lyft-type (transportation network company) driver or the company must carry primary auto liability insurance. While the driver is logged into the app but not on a prearranged ride, minimums are $50,000 per person and $100,000 per incident for death and bodily injury and $25,000 for property damage. During a prearranged ride, the minimum is $1,000,000 for death, bodily injury and property damage. Both periods must include medical payments coverage and uninsured/underinsured motorist coverage, and if the driver's insurance lapses or falls short, the company must cover the claim from the first dollar.
What safety and insurance rules apply to trucks in Maine?
Maine law authorizes the Bureau of State Police to adopt by reference the federal motor carrier safety regulations, including driver qualifications (49 CFR 391), hours of service (49 CFR 395) and inspection, repair and maintenance (49 CFR 396), and to modify them or adopt state rules, including on drivers' hours of duty. The bureau may not exempt placarded hazardous-material carriers from the adopted federal rules. Federal minimum insurance for interstate carriers is in 49 CFR 387.9.
Can you sue for a construction accident in Maine?
Maine's workers' compensation law sets the general rule for construction injuries. An employer that has secured workers' compensation is exempt from civil suits by its employees for work injuries, and the exemption extends to its employees, supervisors, officers and directors. The injured worker may still pursue damages from a third party (someone other than the employer) whose fault caused the injury, and the employer has a lien on that recovery for compensation it paid.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.