Future Damages in Maine
In Maine, you are entitled to recover not just your current losses but also the present value of future medical expenses and lost earning capacity caused by your injuries. These future damages often represent the largest component of a serious injury claim.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (50% bar)
Fault System
6 years
Filing Deadline
At-Fault
Auto System
Types of Future Damages in Maine
Future Medical Expenses
Cost of ongoing treatment, surgeries, physical therapy, medications, home care, and medical equipment you will need because of your injuries.
Lost Future Earning Capacity
The present value of income you will lose if your injury permanently or partially prevents you from working at your pre-accident capacity.
Future Pain & Suffering
Maine allows recovery of future non-economic damages under modified comparative fault (50% bar) — reduced by your share of fault.
Future Loss of Enjoyment
Compensation for activities, hobbies, and life experiences you will permanently lose due to your injuries.
Maine Injury Law
Maine stands out with a generous 6-year statute of limitations for personal injury claims, the longest among most states. Maine applies modified comparative negligence with a 50% bar, and the state does not require no-fault PIP insurance. Maine's rural character and forestry, fishing, and tourism industries generate distinctive injury litigation including logging accidents, boating injuries, and claims against seasonal tourist businesses. Premises liability cases involving ATV and snowmobile accidents on privately owned land are common. Maine has no general cap on compensatory damages. Maine courts apply the discovery rule for latent injury cases. The Maine Health Security Act governs medical malpractice claims, requiring a mandatory pre-litigation panel screening process before cases proceed to trial. Wrongful death claims in Maine are subject to a 2-year statute of limitations from the date of death, shorter than the general personal injury period. Dram shop liability is recognized for over-service of alcohol to intoxicated persons.