The Short Answer:
In most cases, the Maine statute of limitations for personal injury is 6 years from the date of the injury. However, some deadlines can be as short as 30 days and there are important exceptions. Some claims, like wrongful death, must be filed within 3 years. Others, like those against government entities, notice must be given in as little as 1 year. Missing these deadlines can mean losing your right to seek compensation.
Because the rules vary by case type, it’s important to act quickly and talk to an experienced Maine personal injury attorney. At Lowry Law, we help accident victims protect their rights and secure maximum compensation.
Key Takeaways
- General Rule: You usually have 6 years to file a personal injury claim in Maine.
- Shorter Deadlines Apply: Claims like wrongful death or government-related cases have shorter deadlines. Certain deadlines can be as short as 30 days.
- Delays Can Cost You: Missing the statute of limitations likely means losing your right to compensation.
- Exceptions Exist: Cases involving minors, fraud, or disability may extend the filing period.
- Act Fast: The sooner you consult a lawyer, the stronger your case will be.
What Is the Statute of Limitations for Personal Injury in Maine?
The statute of limitations is the legal deadline for filing a lawsuit. In simple terms, it sets the maximum amount of time you have after an accident or injury to take legal action. These deadlines exist to make sure cases are brought while evidence is still fresh and witnesses’ memories are reliable. If you miss the filing window for your type of case, the court will almost always dismiss your lawsuit, no matter how serious your injuries or how strong your evidence may be. Below are key deadlines in Maine:
| Statute of Limitations | Type of Claim |
|---|---|
| 6 Years | General Personal Injury Claims: This covers most personal injury cases, including motor vehicle accidents, slip and falls, dog bites, and other negligence-based claims. The 6-year time limit starts from the date of your injury. However, in some situations, you may have as little as 30 days to act. |
| 3 Years | Wrongful Death Claims: When an injury results in death, the deceased’s estate has 3 years from the date of death to file a lawsuit. |
| 2 Years | Claims Against the Government: If your injury claim is against a Maine governmental entity (such as the State, a city, town, or county), you must file a formal notice of claim within 365 days of the injury. This notice alerts the government to your intent to pursue damages. After the notice is filed properly and on time, you still must bring the actual lawsuit within the broader 2-year statute of limitations that applies to claims against government entities in Maine. |
Certain types of cases have shorter deadlines and exceptions can apply, so speak with a lawyer as soon as possible to determine the exact time limit that applies to your situation.
Exceptions to the Statute of Limitations in Maine
While Maine law generally gives you 6 years to file a personal injury lawsuit, several important exceptions can either shorten or extend the deadline.
- Fraud or Concealment: If the responsible party deliberately hides their wrongdoing or the cause of the injury, Maine law allows the statute of limitations to be “tolled” (paused) until the fraud is discovered. This prevents wrongdoers from benefiting by covering up their actions.
- Minors: If the injured person is under 18 at the time of the accident, the statute of limitations usually does not begin to run until they turn 18. In most cases, that usually gives them until their 24th birthday to file a personal injury claim.
- Legally Disabled Victims: If the injured person is legally incapacitated when the injury occurs, the statute of limitations is paused until the disability ends. This ensures that individuals who cannot act on their own behalf are not unfairly barred from filing a claim.
- Defendant Out of State: If the person responsible for your injury leaves Maine after the accident and before a lawsuit is filed, the statute of limitations may sometimes be paused until they return. This ensures the at-fault party can’t avoid accountability by simply leaving the state.
Because these rules are complex and the deadlines are strict, contact a Maine injury attorney right away to protect your right to compensation.
Why Statutes of Limitations Matter
The time limit to file a personal injury claim is more than just a legal technicality. It affects your case in several ways:
- Loss of Rights: Filing too late almost always means your claim will be dismissed.
- Evidentiary Issues: Over time, evidence can be lost and witnesses may forget details.
- Settlement Leverage: Insurance companies know the deadlines and may delay negotiations if you wait too long.
How Lowry Law Can Help
At Lowry Law, we know Maine’s statutes of limitations inside and out. Since 1971, we’ve guided injured Mainers through the legal process by:
- Identifying your deadline: We calculate the precise statute of limitations that applies to your case so you don’t risk missing it.
- Protecting critical evidence: Our team acts quickly to gather and preserve the records, witness statements, and proof needed to strengthen your claim.
- Dealing with insurers: We take over all communication with insurance companies so you don’t have to worry about being pressured or misled.
- Pursuing full compensation: We fight to recover the maximum value for your medical expenses, lost income, pain and suffering, and other damages.
By working with a Maine personal injury lawyer early, you help ensure your rights are protected and your case is positioned for success.
Don’t Wait—Protect Your Rights Today
If you’ve been hurt in Maine, don’t risk missing your deadline. The Maine statute of limitations for personal injury is strict, and much shorter deadlines may apply depending on your case.
Contact Lowry Law today for a free consultation. We’ll review your case, explain your timeline, and take immediate action to protect your rights.
