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Maine Statute of Limitations

Maine Statute of Limitations
In Pennsylvania, the statute of limitation for a wrongful death, personal injury, product liability, and medical malpractice lawsuit is two years.

What are statutes of limitations? A statute is a common law legal system that sets forth the maximum time period after certain events such as a wrongful death that legal proceedings may be initiated.

What is Maine’s statute of limitations?

  • Negligence – 6 years
  • Medical Malpractice–3 years from date of injury – for child it is 6 years from date of injury or when they reach 21 (whichever comes first).
  • Product Liability – 6 years after suffering injury
  • Wrongful Death – 2 years after date of death

Caps on Attorney Awards: 1. Limitation. In an action for professional negligence, the total contingent fee for the plaintiff's attorney or attorneys shall not exceed the following amounts, exclusive of litigation expenses:
A. Thirty-three and one-third percent of the first $100,000 of the sum recovered;
B. Twenty-five percent of the next $100,000 of the sum recovered; and
      C. Twenty percent of any amount over $200,000 of the sum recovered.

Caps on damages – Maine Statute of Limitations Laws
Medical Malpractice – Damages are limited in wrongful death cases to $400,000.00 in economic damages and $75,000.00 in punitive damages.
Product Liability – No statutes that strictly cap awards in product liability cases. 
Pharmaceutical cases – No statutes that strictly cap awards for pharmaceutical cases

Special Rules for Maine Minors (minors tolling)
Except in cases of medical malpractice or wrongful death, minors have six years after their 18th birthday to file suit

Maine Trial Lawyers Association
160 Capitol Street
PO Box 438
Augusta, ME 04332-0438
207.623.2661
http://www.mtla.org

Maine State Police
42 Houston Station
Augusta, ME 04333-0042
207.624.7200
http://www.maine.gov/dps/msp/

Please fill out the form below to see if you have a wrongful death case.

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PERSONAL INFORMATION
First Name:
Last Name:
E-mail Address:
Address:
 
City:
State:
Zipcode:
Phone: () - ext.

INCIDENT INFORMATION
Date of Accident:
Date of Death:
Name of Deceased:
Location of Accident:
Please describe what happened (cause of accident):
Comments/Questions: