Personal Injury Lawsuit in Maine
Filing a personal injury lawsuit in Maine is a structured legal process. Understanding the steps, deadlines, and modified comparative fault (50% bar) rules will help you make informed decisions about your case.
For informational purposes only. Not legal advice. Consult a licensed attorney.
6 years
Filing Deadline
Modified comparative fault (50% bar)
Fault System
At-Fault
Auto System
$10,000 – $50,000
Avg Settlement
Lawsuit Steps in Maine
Hire an Attorney
Most personal injury attorneys in Maine work on contingency — no upfront fees. They evaluate your case and advise on whether litigation makes sense.
Investigation & Evidence
Your attorney gathers medical records, accident reports, witness statements, and expert opinions to build the strongest possible case.
Demand & Negotiation
Before filing suit, your attorney typically sends a demand letter and attempts settlement. Most cases resolve without going to court.
File the Complaint
If negotiations fail, your attorney files a complaint in the appropriate Maine court. You must file within 6 years of the injury.
Discovery
Both sides exchange evidence, take depositions, and may hire expert witnesses. Discovery typically takes 6–18 months.
Mediation / Trial
Most cases settle during or after discovery. If not, your case goes to trial before a judge or jury under Maine court rules.
Key Maine Law Facts
Maine provides one of the longest statutes of limitations for personal injury — 6 years from the date of injury under 14 M.R.S. § 752 — giving injured victims substantially more time to investigate, treat, and file a claim than in most other states.
Maine applies modified comparative negligence under 14 M.R.S. § 156 with a 50% bar — plaintiffs who are found 50% or more responsible for the accident cannot recover, while those with lesser fault have their award reduced proportionally.
Maine requires uninsured and underinsured motorist coverage on all auto policies but does not mandate no-fault PIP insurance, operating as a traditional at-fault tort state where recovery requires proving the other party's negligence.