Maine Personal Injury Laws

Maine courts apply the discovery rule only in narrow circumstances: legal malpractice, foreign object medical malpractice, negligent diagnosis medical malpractice, and asbestosis cases.

The statute of limitations is tolled for minors until they reach the age of 18, at which point the standard limitation period begins.

Claims for professional negligence against healthcare providers must be filed within 3 years after the cause of action accrues.

Wrongful death actions must be commenced within 3 years after the date of death. If death was caused by homicide, the period extends to 6 years from discovery.

Maine does not impose a statutory cap on compensatory damages in personal injury cases.

Maine generally does not allow punitive damages in personal injury cases. Punitive damages are available only in wrongful death actions, capped at $500,000.

Damages for loss of comfort, society, and companionship of the deceased, including emotional distress, are capped at $1,000,000, adjusted annually for inflation starting in 2024.

Each defendant found liable remains jointly and severally liable for the full amount of damages. If a defendant settles and is dismissed, remaining defendants can still establish that party’s liability at trial.

An action for wrongful death may be brought by the personal representative of the deceased within 3 years of the date of death. Recoverable damages include economic losses, loss of comfort and companionship (capped at $1,000,000 adjusted for inflation), and punitive damages (capped at $500,000).

The owner or keeper of a dog is liable for damages caused by the dog to a person’s body or property, regardless of the owner’s knowledge of the dog’s viciousness.