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Your Kennebunk Personal Injury Attorney
An injury caused by someone else’s negligence in Kennebunk, Maine sets a real legal process in motion, and how that process unfolds depends on Maine law specifically: how fault gets divided, how long there is to act, and what a claim can actually recover. How Maine actually divides fault, what deadline applies to a specific claim, and what can be recovered are all covered further down this page. None of these rules are unique to Kennebunk; the same statutes apply across Maine, though which court hears a specific claim still depends on the county.
Shared Fault and What It Means for a Kennebunk Claim
Whether a claimant was partly responsible for how an injury happened is a real factor in Maine, but not necessarily a fatal one: 14 M.R.S. §156 still allows recovery, reduced by the claimant’s own fault share, as long as that share stays under 50%. The insurance company on the other side often raises comparative fault specifically to try to push a claimant’s share toward or past that line.
The Clock on a Kennebunk Personal Injury Claim
Under 14 M.R.S. §752, most personal injury claims in Maine have to be filed within 6 years of the injury, a notably long deadline compared to many other states’ shorter 2 or 3-year windows. That 6-year figure is the general rule, not a universal one, and it doesn’t cover every kind of defendant the same way. That 6-year window shrinks dramatically when the claim is against a governmental entity or its employee, such as a town, a school department, or a state agency: the Maine Tort Claims Act requires written notice within 365 days of the claim accruing, under 14 M.R.S. §8107, a completely separate and much shorter deadline than the general 6-year SOL. A claimant who was a minor, mentally ill, imprisoned, or outside the United States when the injury happened gets the benefit of Maine’s tolling statute (14 M.R.S. §853): the filing clock simply doesn’t run until that disability is removed, meaning a minor’s 6-year window starts at age 18, not at the date of injury.
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Economic, Non-Economic, and Punitive Damages in Maine
Maine doesn’t cap compensatory or non-economic damages in an ordinary personal injury claim against a private individual or company. A claim against the government is a different story: 14 M.R.S. §8105 limits the total recovery, costs included, to $400,000 for any and all claims arising from a single occurrence, regardless of how many claimants are involved. Punitive damages are available in Maine, but only on clear and convincing evidence that the defendant acted with malice, either express or implied, a demanding standard set in Tuttle v. Raymond that ordinary negligence or even recklessness doesn’t satisfy. Outside of a wrongful death claim, Maine sets no general statutory dollar cap on punitive damages once that malice standard is actually met.
Maine Is an At-Fault Insurance State
Maine is an at-fault insurance state, not a no-fault or PIP state: the at-fault driver’s liability insurance is generally responsible for the other party’s damages, and an injured person can pursue a claim directly against that driver rather than being limited to their own insurer first. Maine requires minimum liability coverage of 50/100/25 under 24-A M.R.S. §2159, meaning $50,000 per person and $100,000 per accident for bodily injury, and $25,000 per accident for property damage. Maine doesn’t recognize a standalone bad-faith tort against an insurer (Marquis v. Farm Family Mutual Insurance Co., 1993), but that’s not the same as no recourse: the Unfair Claims Settlement Practices Act (24-A M.R.S. §2436-A) gives a statutory right of action against an insurer that, without just cause, fails to settle a claim fairly once liability is reasonably clear, with interest running at 1.5% per month on top of any damages.
Where a Kennebunk Personal Injury Claim Actually Gets Heard
A personal injury claim of any real size in Maine is heard in Superior Court, York County’s sitting in Biddeford, since it’s the only Maine court with jury trial jurisdiction (4 M.R.S. §152). District Court can hear a civil claim too, concurrent jurisdiction where no equitable relief is sought, but always without a jury, and its small claims track only goes up to $10,000. Rule 16B of the Maine Rules of Civil Procedure builds a mediation step into nearly every Superior Court civil case, requiring it within 120 days of the scheduling order, though a personal injury claim seeking less than $30,000 doesn’t have to go through it. There’s no intermediate stop between Superior Court and the state’s highest court either: Maine has no separate Court of Appeals, so an appeal from an unfavorable Superior Court judgment goes directly to the Maine Supreme Judicial Court, sitting in its appellate capacity as the Law Court. A civil case removed from District Court to Superior Court for a jury trial, something either party can request under Maine’s rules, starts the case over in Superior Court rather than simply transferring the existing District Court record.
Kennebunk's Nearest Hospital
Kennebunk has no hospital of its own, only a walk-in care site; the nearest full hospital is MaineHealth Maine Medical Center Biddeford, roughly 8 to 10 miles away.
Nearby coverage: the Saco personal injury resource, Sanford personal injury attorneys, our Wells page, personal injury representation from Biddeford.
Frequently Asked Questions
Who decides how much I was at fault in a Maine injury case?
A jury (or a judge in a bench trial) makes that determination as a factual finding under 14 M.R.S. §156, weighing the evidence presented by both sides rather than applying a fixed formula.
What happens if I miss Maine’s personal injury filing deadline?
With rare exceptions, missing the deadline under 14 M.R.S. §752 (or the 365-day notice window for a government claim) bars the claim entirely, regardless of how strong the underlying case might otherwise be.
Does the $400,000 government damages cap apply per person or per accident?
Per occurrence under 14 M.R.S. §8105, meaning multiple injured people from the same incident against the same governmental entity may have to share that single $400,000 cap rather than each recovering up to that amount separately.
Does Maine require any other mandatory coverage beyond liability and UM/UIM?
Yes, at least $2,000 in medical payments coverage is also mandatory under 24-A M.R.S. §2159, on top of the 50/100/25 liability limits and uninsured/underinsured motorist coverage.
Which Maine court hears a personal injury lawsuit?
A claim of real value is generally heard in Maine’s Superior Court, the state’s trial court of general jurisdiction; the District Court shares concurrent civil jurisdiction for many claims but never sits with a jury.
What does ‘taking a case on contingency’ actually mean in Maine?
The attorney’s fee comes out of the settlement or verdict as a percentage, agreed upfront, rather than being billed hourly, so there’s typically no out-of-pocket attorney’s fee unless the claim recovers money.
Evidence Doesn't Wait for a Deadline
The insurance company on the other side typically starts building its own position early, while evidence is still fresh and witnesses still remember details clearly, the same window a claim benefits from moving on too. Reaching out now doesn’t obligate you to anything. A real attorney will hear out your situation and help you see what options are actually available, often the simplest way to keep from losing one you didn’t know was already narrowing.
Looking beyond Kennebunk? Our statewide Maine personal injury page lists every city we cover.
