Maine applies modified-50 comparative fault with a six-year statute of limitations, the longest of any US jurisdiction.
Maine's six-year personal-injury statute of limitations is the longest in the United States. Modified-50 comparative negligence applies. There is no general statutory cap on non-economic damages, but wrongful death actions are capped at $1 million.
14 M.R.S. § 752
Modified comparative, recovery barred at 50% claimant fault.
Caps and ceilings imposed by Maine law that bear on settlement values.
18-A M.R.S. § 2-804
The handful of details that distinguish this jurisdiction from its neighbours.
Reported decisions, the limitation clock, and how fault is apportioned for each injury type under Maine law.
Reported Maine decisions for each injury type, each with a link to the judgment and to the full injury guide.
Linda Provencher was rear ended in 2001 with little damage to either car.
whiplash in Maine →Burns was a mechanic at a Bangor truck shop.
back & spine in Maine →In 2004 Paula Bratton and Daniel Hills moved with two young children into a house rented from Halsey McDonough.
head & brain in Maine →Cecelia Boles was babysitting at a house her daughter rented.
fracture in Maine →Josh Rinaldi was injured in a fall at the Maine Correctional Center.
fracture in Maine →Donna Seabury-Peterson had stage two breast cancer at 43, treated in 1990 and in remission.
medical negligence in Maine →Daniel Nickerson, 48, died of a heart attack after kayaking in 2006, with a coronary artery 90 to 95% blocked.
medical negligence in Maine →In 2013 Robbie Nason fractured the scaphoid bone of his right wrist while working.
workplace in Maine →Eric Badler, a baker employed by the food service contractor Sodexo, severely injured his right index finger in an industrial mixer owned by the University at its Farmington campus; the bowl supplied was incompatible with the mixer.
workplace in Maine →Statutes and rulings that come up again and again in Maine injury claims, each with its source.
| Deadline to sue | Six years: “All civil actions shall be commenced within 6 years after the cause of action accrues,” one of the longest general deadlines in the country.14 M.R.S. § 752 |
|---|---|
| Fault rule | Damages are reduced by the claimant’s share of responsibility, and “if such claimant is found by the jury to be equally at fault, the claimant may not recover.”14 M.R.S. § 156 |
| Seat belt use | Not admissible in a civil trial.29-A M.R.S. § 2081, in the MyClaimWorth seat belt chart |
| Jury discretion on damages | A jury may believe a plaintiff was hurt without believing every medical expense came from the accident; its award stands unless it acted improperly.Provencher v. Faucher (Me. 2006) |
| Suing an equipment installer | A worker may bring a product liability or negligence claim against the company that installed equipment at the workplace; the jury decides whether the installer was at fault.Burns v. Architectural Doors and Windows (Me. 2011) |
| Expert qualifications | A toxicologist with a doctorate may explain how lead exposure harms children; excluding him because his degree was not a medical degree was clear error.Bratton v. McDonough (Me. 2014) |
| Brain injury specialists | A non physician with long experience treating and rehabilitating brain injuries may be qualified to testify about their effects.Bratton v. McDonough (Me. 2014) |
| Landlord versus tenant | A landlord who has handed control of a rented house to tenants generally owes no duty to the tenants’ guests for conditions inside, absent a repair promise or similar exception.Boles v. White (Me. 2021) |
How Maine compares with its neighbours in the Northeast on fault rule and limitation period.
| Jurisdiction | Fault rule | Limitation |
|---|---|---|
| Maine | Modified comparative, 50% bar | 6 years for personal injury, longest in the US |
| Connecticut (CT) | Modified comparative, 51% bar | 2 years from date of injury |
| Delaware (DE) | Modified comparative, 51% bar | 2 years from date of injury |
| District of Columbia (DC) | Pure contributory negligence | 3 years from date of injury |
| Maryland (MD) | Pure contributory negligence | 3 years from date of injury |
| Massachusetts (MA) | Modified comparative, 51% bar | 3 years from date of injury |
| New Hampshire (NH) | Modified comparative, 51% bar | 3 years from date of injury |
| New Jersey (NJ) | Modified comparative, 51% bar | 2 years from date of injury |
| New York (NY) | Pure comparative negligence | 3 years for personal injury; 2 years 6 months for medical malpractice |
| Pennsylvania (PA) | Modified comparative, 51% bar | 2 years from date of injury |
| Rhode Island (RI) | Pure comparative negligence | 3 years from date of injury |
| Vermont (VT) | Modified comparative, 51% bar | 3 years from date of injury |
Common questions about personal injury claims in Maine, answered with the relevant statutory references.
This page summarises the Maine statutory framework as of 2026-05-09. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in Maine. See /methodology, /sources, and /disclaimer.
