Wrongful Death Deadline vs. Personal Injury Statute of Limitations

By the FigureMyTax Editorial Team · How we calculate

Many websites still say Maine gives 2 years to bring a wrongful death claim. The statute's current text says 3 — and 6 for certain homicides.

3 years from the death

The current text of 18-C M.R.S. §2-807(2) requires an action to be commenced within 3 years after the decedent's death. The section's history shows its most recent amendment in 2023 (P.L. 2023, c. 390), and commentary on that change notes it altered the limitation period; earlier materials describe 2 years.

A longer clock for homicide

If the death was caused by a homicide, the action may be commenced within 6 years of the date the personal representative or special administrator discovers that there is a just cause of action against the person who caused it. The clock runs from that discovery, not from the death.

Shorter than the injured person's own deadline

An ordinary personal injury claim in Maine gets 6 years under 14 M.R.S. §752. The family's wrongful death claim gets half that. If the death followed malpractice, the separate 3-year malpractice period and the mandatory screening panel add their own timing questions.

Deaths before the 2023 change

This page can't tell you how the amendment applies to a death that occurred before it. If that's your situation, don't rely on either number — get a Maine attorney's answer promptly.

This is general information, not legal advice, and deadline rules allow little room for error. Confirm the exact deadline for your situation with a licensed Maine attorney immediately.