Maine: Minors, Fraud, and an Absent Defendant

Maine's deadlines already run long by national standards — and several real exceptions can push them even further in the right circumstances.

Minors: the clock waits for 18

Under 14 M.R.S. § 853, the statute of limitations clock for a minor's own injury claim doesn't begin running until the disability of minority ends — generally, when the minor turns 18. From that point, the applicable deadline, typically the general six-year period, starts fresh.

Fraud and concealment: discovery, not injury, starts the clock

If an injury was caused by fraud, or if the person responsible fraudulently concealed the injury from the claimant, Maine applies a special discovery-based rule under 14 M.R.S. § 859: the claimant has six years from the date they actually discover the claim, rather than from the date the underlying injury occurred.

A defendant who leaves Maine

Under 14 M.R.S. § 866, when the defendant is outside of Maine, the statute of limitations clock stops running entirely, resuming only once the defendant is back within the state.

A narrower combination rule for medical malpractice minors

Medical malpractice claims apply a more specific version of the minors' rule: a minor generally has three years from turning 18, or six years from the date of the negligent act or omission, whichever comes sooner. This genuinely narrower combination — capped by the earlier of two different triggers — differs from the more straightforward rule applied to a minor's general injury claim.

What doesn't pause the clock

A genuinely common and costly misunderstanding: actively negotiating a settlement with an insurance company does not toll or pause Maine's filing deadline. Even with Maine's unusually generous six-year window, the clock keeps running the entire time talks are ongoing, regardless of how close the parties seem to a resolution.

Maine discovery rule & tolling — frequently asked questions

How long does a minor have to file an injury claim in Maine once they turn 18?

Under 14 M.R.S. § 853, the statute of limitations clock begins running once the minor turns 18, giving them the applicable deadline — generally six years — from that point.

What happens if my injury was caused by fraud or hidden from me in Maine?

Under 14 M.R.S. § 859, a special rule applies: you have six years from the date you actually discover the claim, rather than from the date of the underlying injury.

Does Maine toll the deadline if the defendant leaves the state?

Yes. Under 14 M.R.S. § 866, when the defendant is outside of Maine, the statute of limitations clock stops running.

How does Maine's medical malpractice minor rule differ from the general rule?

For malpractice claims, a minor generally has three years from turning 18, or six years from the negligent act, whichever comes sooner — a narrower combination than the general six-year rule applied after turning 18.

Does negotiating with an insurance adjuster pause Maine's statute of limitations?

No. Settlement negotiations do not toll or pause the filing deadline. The clock keeps running regardless of how active the negotiations are.

This page provides general guidance only and is not legal advice. Figures are based on Maine statute (14 M.R.S. § 752, § 853, § 859, § 866), verified per our methodology. Whether tolling applies to a specific situation depends on its facts. Confirm with a licensed Maine attorney before acting.