Pain and Suffering Damages in Maine
Pain and suffering is one of the largest components of any personal injury settlement in Maine. Under modified comparative fault (50% bar), understanding how these non-economic damages are calculated — and any caps that apply — is essential before accepting any offer.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (50% bar)
Fault System
$10,000 – $50,000
Avg Settlement
6 years
Statute of Limitations
How P&S Damages Are Calculated in Maine
Courts and insurance adjusters in Maine typically use one of two methods to calculate pain and suffering: the multiplier method (multiply your economic damages by 1.5–5× depending on severity) or the per diem method (assign a daily dollar value for each day you suffered).
Because Maine uses Modified comparative fault (50% bar), you can recover pain and suffering only if your fault is below 50% (or 51%), and the award is reduced by your percentage of fault.
Factors That Increase P&S Value
Severity & Duration
Permanent injuries, chronic pain, and long recovery periods command higher multipliers.
Impact on Daily Life
Inability to work, loss of hobbies, relationship strain, and depression all support higher awards.
Medical Documentation
Regular doctor visits, therapy records, and specialist notes substantiate your suffering.
Pre-existing Conditions
Maine courts apply the "eggshell plaintiff" rule — defendants take you as they find you.
Maine Law Overview
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.