Maine law
Personal Injury Laws in Maine.
Maine follows a modified comparative fault system with a 50% bar, meaning you can recover damages only if you are less than 50% at fault. Maine is a traditional fault-based auto insurance state. The general statute of limitations for personal injury is 6 years, one of the longest in the country.
Last verified: 2026-02-25
State law
Statute of Limitations
All civil actions, including personal injury claims, must be filed within 6 years after the cause of action accrues. This is one of the longest limitation periods in the United States.
Exceptions
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.
State law
Fault & Liability Rules
You can recover damages as long as your fault is less than 50%. If you are found equally at fault (50% or more), you are barred from recovering any damages. Your recovery is reduced by your percentage of fault.
State law
Damage Caps
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.
State law
Auto Insurance System
Maine is a traditional fault-based auto insurance state. The at-fault driver’s insurance is responsible for covering damages. Maine requires liability insurance with minimum coverage of $50,000 per person/$100,000 per accident for bodily injury and $25,000 for property damage.
State law
Key Maine Statutes
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.
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Maine.
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