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Maine Personal Injury Statute of Limitations

The statute of limitations for personal injury & accidents in Maine is six (6) years (Ref: Me. Stat. tit. 14 § 752). 

What this means is that you (or your attorney) must file a lawsuit against a defendant within six years of the date of your accident. If you do not file a lawsuit within six years, generally you forfeit any potential claim against the defendant as a matter of law - meaning there will be no opportunity for a settlement, arbitration, or trial. 

Disclaimer: Although the information presented on this page is generally true there are some exceptions to this information, and the Maine Statute of Limitations (and the exceptions) may change over time. If you or a family member was involved in an accident and considering seeking compensation for your injuries it is crucial that you speak to a Maine personal injury lawyer to discuss your claim and potential recovery.

Variations on Time Limits for Filing a Lawsuit in Maine

There are some variations & exceptions to the 6 years statute of limitations on personal injury cases in Maine. Because of this, it is critical you discuss your matter with a lawyer who is highly experienced in personal injury law. 

  • If the defendant was (or is) out of the state for any part of the six-year period, the time of absence will probably not be counted under the statute of limitations. (Maine Revised Statutes Title 14 section 866.) 
  • If the person is under the age of 18, has been declared mentally ill, or is imprisoned at the time of the incident that gave rise to the right to file the property damage lawsuit, he or she will be considered under a "legal disability." The six-year "clock" won't start running until the legal disability is lifted (meaning the property owner has turned 18, been declared mentally competent, or has been released from incarceration). (Maine Revised Statutes Title 14 section 853)

What if You Miss the Deadline to File a Lawsuit?

If you miss the deadline to file a lawsuit and the Maine statute of limitations passes (barring any exceptions), the opposing party will almost surely move for case dismissal and it will likely be granted. This also means that nearly any hope of a settlement will also be forfeited because there is no leverage to potentially pursue a trial (since it would immediately be dismissed). 

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