If you’ve been injured in an accident, knowing your legal rights is critical. In Maine, as in every state, the law imposes deadlines for filing personal injury claims. These deadlines, known as statutes of limitations, determine how long you have to pursue compensation. Missing this window prevents you from recovering damages, no matter how strong your case may be. Understanding how the statute of limitations works is essential for anyone considering a personal injury claim. It is important to consult with an attorney as soon as possible for advice.
What Is the Statute of Limitations?
The statute of limitations is a deadline set by law within which you must file a lawsuit. For personal injury cases in Maine, the statute of limitations generally expires six years from the date of the accident or injury. If you try to file after this time, the court will almost always dismiss your claim, and you will lose the opportunity to pursue compensation for medical bills, lost wages, pain and suffering, and other damages.
It’s important to understand that the clock usually starts ticking the moment the injury occurs, not when you fully realize the extent of your damages. For example, if you were injured in a car accident on January 15, 2025, you generally have until January 14, 2031, to file a personal injury lawsuit.
Exceptions and Special Situations
While six years is standard for most personal injury claims in Maine, some exceptions can change the timeline:
Injuries That Appear Later
Some injuries, such as latent medical complications from an accident or exposure to harmful substances, may not be immediately apparent. In certain situations, Maine law allows the statute of limitations to start when the injury is discovered, rather than when the accident occurred.
Claims Against Government Entities
If your personal injury claim is against a city, town, or state agency, special rules apply. Maine law requires you to file a formal notice of claim much sooner than the statute of limitations before you can bring a lawsuit, typically one year. Missing this shorter deadline can result in your case being barred entirely.
Minors or Incapacitated Individuals
If the injured party is a minor or legally incapacitated at the time of the accident, Maine law may “pause” or toll the statute of limitations for a different period of time.
Wrongful Death
Wrongful death actions must be brought within three years.
Medical Malpractice
Notice in medical malpractice cases must be filed within three years. Medical Malpractice claims against government entities, however, must meet the deadlines for both malpractice cases and suits against government entities (e.g. the Veteran’s Administration, municipal hospitals, and rural health clinics.)
Why Timely Action Matters
Filing a personal injury claim promptly is important for several reasons:
- Preserve Evidence: Witnesses, photos, or physical evidence may be lost over time, making it harder to prove your case.
- Medical Documentation: Early medical records help establish the link between the accident and your injuries.
- Stronger Legal Position: A timely claim allows your attorney to investigate before memories fade or defenses are strengthened.
Even if you are unsure whether your injuries are severe or permanent, contacting an experienced attorney early ensures that your rights are protected and that you do not miss the critical filing deadline.
How Berman & Simmons Can Help
At Berman & Simmons, we have decades of experience guiding Maine residents through personal injury claims. We understand the nuances of the statute of limitations and the various exceptions that can apply to complex cases. From car accidents to slip-and-fall injuries, medical malpractice, and other personal injury matters, our team investigates quickly, preserves evidence, and builds strong cases to protect our clients’ rights.
If you or a loved one has been injured, don’t wait until it’s too late. Contact Berman & Simmons for a free consultation. We’ll help you understand your legal options and ensure your claim is filed in time to pursue the compensation you deserve.