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Exceptions to Maine's Injury Deadlines: Discovery, Minors, and Tolling

While six years is the general rule under 14 M.R.S. § 752, several doctrines can change the deadline that actually applies to you.

The Discovery Rule

In limited circumstances, the clock may start when an injury is or should have been discovered rather than when it occurred — relevant for injuries that aren't immediately apparent.

Tolling for Minors and Incapacity

Deadlines may be paused (tolled) for minors or those legally incapacitated, preserving their right to file later.

Shorter Deadlines That Override

Government (180 days notice), wrongful death (three years), and medical malpractice (three years) deadlines all override the general rule. Don't assume you have six years.

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This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Maine attorney.

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