Maine has statutes of limitations governing the amount of time individuals have to file a personal injury lawsuit. These limitations are established to ensure that justice is sought within a reasonable timeframe and to prevent people from filing lawsuits after evidence has been lost and witnesses have forgotten important details.
If you are considering pursuing a personal injury claim in Maine, it is essential to understand the time limits within which you must file your lawsuit.
Table of Contents
Statute of Limitations
The statute of limitations defines the amount of time you have to file a lawsuit from the date of the incident. In Maine, the statute of limitations for personal injury cases is generally six years. This means that you have six years to file a lawsuit from the date of the accident or injury.
However, different rules apply to certain types of cases. For example, there are shorter time limits for medical malpractice cases, cases against the government or its employees, and product liability cases.
Medical Malpractice
If you believe that you have been a victim of medical malpractice in Maine, you have three years from the date the injury occurred, or one year from the date the injury was discovered, to file a lawsuit. However, in no event can you file a malpractice claim more than six years after the malpractice occurred.
Cases Against the Government
If you believe that a government employee or agency is responsible for your injury, you must file a formal notice of the claim within six months of the incident. This notice gives the government the opportunity to investigate the claim and potentially settle before a lawsuit is filed. After the six-month period has passed, you have two years from the date of the incident to file a lawsuit.
Product Liability
Cases involving defective products have a statute of limitations of six years from the date of the injury or three years from the date the injury was discovered, whichever is earlier.
Exceptions
There are some exceptions to the statutes of limitations in Maine. For example, if the victim is under the age of 18, the time limit does not begin until the minor turns 18 years old. Additionally, if the victim is legally classified as incapacitated or disabled, the time limit may be extended.
It is important to consult with an experienced personal injury lawyer in Maine to determine the specific time limit that applies to your case. Failing to file your claim within the appropriate time limit can result in your case being dismissed by the court.
Conclusion
Maine’s time limits for filing a personal injury lawsuit are firm and strict. If you are considering pursuing a personal injury claim, it is crucial to contact a lawyer as soon as possible, so that you meet the statute of limitations and pursue your right to compensation. A personal injury lawyer can help you navigate the legal process, gather evidence, and advocate on your behalf throughout the lawsuit.