Punitive Damages in Maine
Punitive damages — also called exemplary damages — go beyond compensating your losses. They punish defendants for especially egregious or reckless conduct. Here is what you need to know about qualifying for and recovering punitive damages in Maine.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (50% bar)
Fault System
6 years
Filing Deadline
$10,000 – $50,000
Avg Comp. Damages
When Are Punitive Damages Available in Maine?
In Maine, punitive damages require proof beyond ordinary negligence. Plaintiffs typically must show clear and convincing evidence that the defendant acted with malice, fraud, oppression, or conscious disregard for others' safety. Reckless driving, drunk driving, and intentional misconduct are common qualifying scenarios.
Maine operates under Modified comparative fault (50% bar). Punitive damage awards are made in addition to compensatory damages and are reduced if you share comparative fault.
Many states cap punitive damages at 2–3× compensatory damages or a fixed dollar limit. Some states require a portion of punitive awards to be paid to a state victim compensation fund. Consult a Maine attorney for the current statutory limits applicable to your case.
Key Facts About Maine Injury Law
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.