Maine Government Claims: A Notice Window That Just Doubled

Claimants used to have just six months to notify the state. A 2020 change gave them a full year instead — but a separate deadline still looms behind it.

A notice requirement, genuinely extended

Claims against a Maine governmental entity fall under the Maine Tort Claims Act, and 14 M.R.S. § 8107 requires a claimant to file written notice of the claim before suing. For years, that window was just 180 days. The legislature extended it to 365 days — a full year — for claims accruing on or after January 1, 2020, giving claimants genuinely more breathing room than the older rule allowed.

What the notice itself must contain

The written notice must include the name and address of the claimant, the time, place, and circumstances of the act or occurrence complained of, and the name and address of any governmental employee involved, if known. Maine courts have recognized that substantial compliance with these requirements can be sufficient, but the governmental entity generally must be able to show actual prejudice from any defect before strict, technical perfection becomes necessary.

A separate, longer deadline to actually file suit

The notice requirement is distinct from the deadline to file the lawsuit itself. Under a separate provision, 14 M.R.S. § 8110, every claim against a governmental entity is forever barred from Maine's courts unless the action itself is begun within two years after the cause of action accrues. In other words, a claimant must both give timely notice under § 8107 and file suit within the separate two-year window under § 8110 — two different clocks running toward two different deadlines.

Minors get their own measuring point

If the claimant was a minor when the cause of action accrued, both the notice period and the suit-filing deadline are measured from the minor's 18th birthday instead of the date of the underlying incident — giving a minor claimant the full benefit of both deadlines once they reach adulthood.

Why the good-cause exception is a narrow one

Maine law does allow notice to be presented after the 365-day deadline in limited circumstances, where the claimant shows good cause why notice could not reasonably have been filed on time. But Maine's courts have described this exception as interpreted narrowly, since the Maine Tort Claims Act itself represents only a limited relaxation of the state's traditional sovereign immunity. Treating the 365-day window as a hard deadline, rather than relying on this narrow exception, remains the safest approach.

Maine government claim deadlines — frequently asked questions

How long do I have to give notice before suing a Maine governmental entity?

365 days after the claim accrues, under the Maine Tort Claims Act, 14 M.R.S. § 8107 — extended from the former 180-day period for claims accruing on or after January 1, 2020.

Is the notice deadline the same as the deadline to actually file suit in Maine?

No. A separate statute, 14 M.R.S. § 8110, sets the actual deadline to file suit against a governmental entity at two years after the cause of action accrues.

What happens if the 365-day notice deadline is missed in Maine?

The claim can be barred unless the claimant shows good cause why notice could not reasonably have been filed within the deadline — and Maine courts interpret that good-cause exception narrowly.

Does a minor get extra time to give notice to a Maine governmental entity?

Yes. If the claimant was a minor when the cause of action accrued, notice may be presented within the applicable period measured from the minor's 18th birthday instead.

Can incomplete or imperfect notice still count in Maine?

Maine courts have recognized a substantial-compliance standard, but the governmental entity generally must show actual prejudice from any defect for strict perfection to be required.

This page provides general guidance only and is not legal advice. Figures are based on Maine statute and case law (14 M.R.S. § 8107, § 8110), verified per our methodology. Confirm the exact requirements for a specific government claim with a licensed Maine attorney before acting.