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★ Maine · head & brain

Head & brain settlements
in Maine.

By 9 min read

Brain injury cases depend on experts, and Maine’s highest court will order a new trial when a judge wrongly keeps them out. That happened in a lead paint case brought for three children who lived in a rented house.

Facts that decide a head & brain claim in Maine

Expert qualificationsA 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 specialistsA non physician with long experience treating and rehabilitating brain injuries may be qualified to testify about their effects.Bratton v. McDonough (Me. 2014)
Deadline to sueSix 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 ruleDamages 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
★ band · US federal frame
$500,000 to multi-million
Severe traumatic brain injury
Catastrophic-case reported decisions

The US band is the starting point. Maine's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your head & brain claim in Maine. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own head & brain case in about two minutes, no cost and no obligation.

Check my case
★ ME · reported head & brain outcomes

What Maine courts have awarded.

Real Maine decisions and verdicts, each linked to the court record or official report.

  • Bratton v. McDonough
    Maine Supreme Judicial Court · 2014
    Verdict vacated; new trial ordered

    In 2004 Paula Bratton and Daniel Hills moved with two young children into a house rented from Halsey McDonough. Tests soon showed elevated blood lead levels, and a home test found lead paint; a third child born in 2006 also tested high in 2008, when the state found numerous lead hazards. At trial the judge limited the family’s toxicologist and brain injury specialist. The Court held those rulings were errors that made the trial fundamentally unfair and vacated the verdict.

★ ME · head & brain · in practice

What changes the number here.

What actually moves a head & brain settlement in Maine.

  1. 1

    Line up both science and treatment experts. Bratton needed a toxicologist to link lead to harm and a brain injury specialist to explain the effects on the children.

  2. 2

    Exclusion rulings are worth appealing when they gut the case. The Court found the limits on the Brattons’ experts made the trial fundamentally unfair.

  3. 3

    Children’s claims can span years. The lead exposure in Bratton was discovered in 2004 and again in 2008, and Maine’s six year limit gives room to document long term effects.

★ ME · statute of limitations
6 years for personal injury, longest in the US

14 M.R.S. § 752

★ ME · fault rule
Modified comparative, 50% bar

Modified comparative, recovery barred at 50% claimant fault.

★ ME · caps

What caps recovery.

Statutory caps that may bear on a head & brain settlement in Maine.

★ head & brain severity tiers · US frame

How the band stratifies.

The state-by-state tort law · jury verdict reporters · statutory caps stratifies head & brain into the tiers below. Maine courts apply the same tier structure, adjusted for state-specific factors.

Severity tierBandBasis
Concussion / mild TBI$25,000 to $100,000Reported decisions
Severe traumatic brain injury$500,000 to multi-millionCatastrophic-case reported decisions
★ head & brain · same region & fault regime

Compare to like jurisdictions.

How Maine's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for head & brain claims.

JurisdictionFault ruleLimitationHead & brain page
Maine · you are hereModified comparative, 50% bar6 years for personal injury, longest in the US—
MarylandPure contributory negligence3 years from date of injuryMD · head & brain →
MassachusettsModified comparative, 51% bar3 years from date of injuryMA · head & brain →
New HampshireModified comparative, 51% bar3 years from date of injuryNH · head & brain →
New JerseyModified comparative, 51% bar2 years from date of injuryNJ · head & brain →
New YorkPure comparative negligence3 years for personal injury; 2 years 6 months for medical malpracticeNY · head & brain →
PennsylvaniaModified comparative, 51% bar2 years from date of injuryPA · head & brain →
NebraskaModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeNE · head & brain →
North DakotaModified comparative, 50% bar6 years for personal injury; 2 years for medical malpracticeND · head & brain →
TennesseeModified comparative, 50% bar1 year from date of injury, among the shortest in the USTN · head & brain →
UtahModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeUT · head & brain →
MichiganModified comparative, 51% bar3 years from date of injuryMI · head & brain →
MinnesotaModified comparative, 51% bar6 years for personal injury (uncommonly long); 4 years for medical malpracticeMN · head & brain →
★ ME · head & brain · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Sources

Checked 2026-09-28. Every figure on this page comes from one of these documents.

★ all of ME
Maine overview

Fault rule, statute, caps, and key facts for Maine as a whole.

★ federal frame
Head & brain in United States

Head & brain band structure and severity tiers at the US level.

★ all 15 countries
Head & brain · everywhere

Cross-jurisdiction comparison of head & brain bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for Maine's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Maine. See /methodology, /sources, and /disclaimer.