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MAINE

Negligence / Personal Injury

years with Discovery Rule.

Wrongful Death

years

Medical Malpractice

3 years with Discovery Rule. Minors must file claim within 6 years after cause of action or 3 years after minor reaches age of majority.  3 years for personal injury or death in medical malpractice.
Requires written notice of claim on defendant.  SOL tolled from date upon which notice of claim filed until 30 days after claimant receives notice of findings by malpractice panel.

Caps:
Damage limits granted only in wrongful death cases. Non-economic damages limited to $400,000. Punitive damages limited to $75,000.

Malpractice (Other Professions)

4 years. 4 years for malpractice or proof of negligence of architects or engineers with Discovery Rule of 4 years and a SOR: 10 years.

Products Liability

years with Discovery Rule.

Intentional Torts

years

Fraud

If person liable fraudulently conceals injury, or if fraud is committed which entitles any person to sue, action may be commenced at any time within 6 years after plaintiff discovers he has a cause of action.

Municipal Liability/Sovereign Immunity

2 years. Minor has 2 years from reaching majority. Notice of claim to be filed within 180 days unless claimant is a minor in which case it is 180 days from reaching majority. Removed for certain tort claims. Damages limited to $400,000 per occurrence.

Discovery Rule

SOL runs from when injury is, or should have been, discovered.

Comparative Negligence

Modified comparative negligence rule: Plaintiff can recover only if his/her percentage of fault is less than that of defendant.

Charitable Immunity

Applies unless charity is insured and then liability is limited to amount of insurance.

Disabilities

SOL runs from removal of disability. Infants (18th birthday). In case of real action extension is for 10 years after disability removed.

Punitive Damages

Allowed if defendant acts with actual malice.
Caps: None
Prayer must be for damages reasonable in premises.

No-Fault Insurance

None

Other Relevant Information

6 years is the general SOL.
2 years for actions against ski areas or tramway owners or operators.
2 years for actions against dram shops.

Consumer Fraud Complaint

Maine Office of the Attorney General, Consumer and Antitrust Division
http://www.maine.gov/ag/consumer/index.shtml
(207)626-8849