Maine, like every other state in the country, has laws governing the time limits to bring civil lawsuits. These rules (referred to in legal terms as “statutes of limitations”) set strict limits on how long a person has to file a lawsuit.
People often ask, “Why would rules like this exist to limit people from bringing valid lawsuits?” One justification for the statute of limitations is efficiency and the preservation of claims: often, evidence can become corrupted, disappear, or otherwise become unreliable over time. So, limits on how long a person has to pursue a claim can help preserve that evidence. For example, imagine trying to recount all the details of something that happened a decade ago. For most people, that would be nearly impossible.
Another often-cited justification is the desire to allow defendants the security of knowing when they are no longer exposed to potential lawsuits arising out of any specific act. Fundamental fairness to all parties dictates that potential defendants should not have to worry about whether a claim is brought for their actions or inactions for the remainder of their lives or their children’s lives.
Often, the statute of limitations clock starts running immediately after the party is injured. In many personal injury cases, a person may discover the damage or injury well after the accident. For example, some concussions and brain injuries can take days, weeks, or even many months to fully present themselves. Some injuries, such as toxic torts, cancers, or chronic diseases, could take years to be discovered. As explained below, the timing for when the statute of limitations begins on a potential case is not always straightforward. If you think you have a legal claim, you should consult an attorney as soon as possible to make sure you preserve your rights.
Personal Injury: Statutes of Limitations & Why They Matter
In most situations, Maine’s personal injury statute of limitations is generally six years after the injury was caused. For many years, there was an exception to this rule for cases involving intentional harm, such as assault, battery, and defamation; but now the law allows six years for such cases as well.
Exceptions to Maine’s Personal Injury Statute of Limitations
In personal injury claims, the statute of limitations can also have exceptions. These exceptions could mean you have more – or in some cases less – time to file suit. For example:
Exceptions in Maine to the six-year personal injury statute of limitations include:
- Medical malpractice claims: Three years
- Medical malpractice claims involving minors: Three years after majority, or six years from the date of malpractice, whichever is shorter.
- Claims against Maine State defendants: Including certain state-funded clinics, schools, local governments, or government contractors.
- Claims against Federal defendants: This includes certain federally funded clinics, facilities, or persons operating within their federal jurisdiction and under their federal authority.
- Out-of-state defendant: In Maine, when the defendant is not in the state, the personal injury statute of limitations does not restart until they return.
- Military tolling
- Equitable tolling
- Disability tolling
Furthermore, for injured parties who are imprisoned, mentally ill, minors, or outside the country, the clock counting down pauses until this legal disability ends. This means that for a personal injury, the statute of limitations clock starts again only once the party is released from incarceration, recovers from their illness, reaches adulthood (currently 18 years old), or returns to the United States.
How Garmey Law Can Help
With experience litigating cases to trial in Maine, New England, and elsewhere, the legal team at Garmey Law can answer any questions about whether a personal injury claim is still valid under the statute of limitations. In personal injury claims, statutes of limitations and their exceptions change frequently with new legislation and court rulings. For this reason, it’s best to contact a practicing lawyer experienced in personal injury case law in the state of Maine for incidents that occur in our state. To learn more about personal injury claims in Maine and whether you may have a valid one, contact the personal injury legal experts at Garmey Law.