Deadlines to File an Injury Lawsuit in Maine
How long you have to sue in Maine for an injury, property damage, medical malpractice or wrongful death, and the shorter deadline for claims against the government.
Short answer: 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
| 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 |
|---|---|
| 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 |
More Maine personal injury & wrongful death
- Wrongful Death Lawsuits in Maine
- Medical Malpractice Rules in Maine
- Car Accident Claims in Maine
- Dog Bite Liability in Maine
- Sidewalk and Public Property Falls in Maine
- Motorcycle Accident Claims in Maine
- Pedestrian Accident Claims in Maine
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- Truck Accident Claims in Maine
- Construction Site Injuries in Maine
- All Maine personal injury & wrongful death rules
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.
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.
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.