Maine stands out among personal injury states for its exceptionally generous six-year statute of limitations one of the longest in the nation and its high auto insurance minimums at 50/100/25, well above most states. Maine follows modified comparative fault with a strict 50% bar and imposes no general caps on compensatory damages in most personal injury cases. Wrongful death non-economic damages are capped at $1,000,000 (adjusted for inflation), and government liability is capped at $400,000. Maine is an at-fault (tort) state with mandatory UM/UIM and MedPay coverage.
Maine Personal Injury Statute of Limitations
Maine's general personal injury statute of limitations is six years from the date of injury under 14 M.R.S.A. § 752 one of the most generous in the entire country. This applies to most negligence-based claims including motor vehicle accidents, premises liability (slip-and-fall), product liability, and general negligence. The same six-year period also applies to property damage claims.
Wrongful death: Two years from the date of death under 18-C M.R.S.A. § 2-807.
Medical malpractice: Three years from the date the act or omission occurred. Claims on behalf of minors must be brought within six years of the alleged act or within three years after the minor reaches the age of majority. A pre-litigation screening panel process is required before filing suit.
Product liability: Six years from the date of injury (subject to general statute).
Government claims: Two years from the date of the injury, with additional notice requirements that may be as short as one year depending on the type of government entity. Claims against state highways may have notice periods as short as 30 days for certain defects.
The statute is tolled for minors and for persons under a legal disability. It may also be tolled when the defendant leaves Maine or goes into hiding.
Maine applies the discovery rule in appropriate cases, allowing the statute to begin running from the date the plaintiff discovered or should have discovered the injury, particularly in medical malpractice and latent injury cases.
Maine Modified Comparative Fault (50% Bar)
Maine follows a modified comparative fault rule under 14 M.R.S.A. § 156. A plaintiff can recover damages only if their percentage of fault is less than 50%. If the plaintiff is 50% or more at fault, they are completely barred from recovery.
This is a strict 50% bar a plaintiff who is exactly 50% at fault cannot recover. When the plaintiff's fault is below 50%, damages are reduced proportionally by the plaintiff's percentage of fault.
In the context of Maine's at-fault insurance system, comparative fault principles will also be applied by insurance adjusters during settlement negotiations.
Maine Personal Injury Damage Caps
Maine does not impose caps on economic or non-economic damages in most personal injury cases. There is no statutory limit on medical expenses, lost wages, pain and suffering, or emotional distress in standard negligence, auto accident, premises liability, or product liability cases.
Non-economic damages in wrongful death cases are capped at $1,000,000 under 18-C M.R.S.A. § 2-807.2. This cap is adjusted for inflation for deaths occurring in 2024 and beyond. Wrongful death punitive damages are separately capped at $500,000.
Maine does not impose a cap on damages in medical malpractice actions. However, non-economic damages against a carrier of a health plan are limited to $400,000 under 24-A M.R.S.A. § 4313.
Maine allows punitive damages in limited circumstances, primarily in wrongful death cases (capped at $500,000). Punitive damages in other cases are generally limited to $75,000 (for wrongful death under certain older statutes). Maine is relatively restrictive on punitive damages compared to many states.
Under the Maine Tort Claims Act (14 M.R.S.A. § 8105.1), total damages against the state or local government or its employees are capped at $400,000. However, if the government entity has insurance coverage exceeding $400,000, the damages limit increases to the amount of available insurance coverage.
Maine Auto Insurance Requirements
Maine is an at-fault (tort) state with some of the highest minimum auto insurance requirements in the nation.
Maine requires minimum auto liability insurance at 50/100/25:
- $50,000 per person for bodily injury
- $100,000 per accident for bodily injury
- $25,000 per accident for property damage
A Combined Single Limit of $125,000 also satisfies the minimum requirement. These minimums are significantly higher than most states.
Maine requires a minimum of $2,000 per person in medical payments coverage. MedPay covers medical expenses for the policyholder and passengers regardless of fault. Higher limits of $5,000, $10,000, or $25,000 are available at relatively modest additional cost.
Maine requires UM/UIM coverage at minimums matching the liability limits: $50,000 per person / $100,000 per accident. If a driver purchases liability limits higher than the minimums, UM/UIM coverage must match the higher limits unless the policyholder specifically rejects the increase in writing.
Maine has one of the lowest uninsured driver rates in the country approximately 5–6% according to the Insurance Information Institute, compared to the national average of about 12%.
Where to File a Personal Injury Case in Maine
Personal injury lawsuits in Maine are filed in the Superior Court (or District Court for smaller claims), which is the state's trial court of general jurisdiction. Maine has 16 counties with Superior Courts throughout the state. Venue is generally proper in the county where the defendant resides or where the cause of action arose.
Small Claims Court handles cases up to $6,000.
Cumberland County (Portland), Penobscot County (Bangor), Kennebec County (Augusta), and Androscoggin County (Lewiston-Auburn) handle the highest volume of personal injury litigation.
Common Types of Personal Injury Cases in Maine
Maine's rural character, extensive coastline, tourism-driven economy, and harsh winters generate distinctive personal injury litigation. Common case types include motor vehicle accidents (particularly on Route 1, I-95, and rural two-lane roads), winter weather-related crashes (ice and snow), commercial trucking accidents (I-95 corridor and logging trucks), motorcycle injuries, premises liability (including ice and snow slip-and-falls), medical malpractice, product liability, construction accidents, boating and maritime injuries (including lobster fishing), wrongful death, dog bites, workplace injuries (especially in forestry, fishing, and manufacturing), ATV and snowmobile accidents, moose-vehicle collisions, and tourism-related injuries. Maine's seasonal population surge in coastal areas during summer creates heightened accident risks in tourist destinations.
Have questions about injury claims? Visit our Personal Injury FAQ for answers to the most common questions injury victims ask.
This is not legal advice. This page provides general information about Maine personal injury law and is not a substitute for professional legal counsel. If you have been injured, consult with a qualified personal injury attorney licensed in Maine to discuss the specific facts of your case.
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