Maine Notice of Claim (14 M.R.S. 8107)

Introduction

Key Things to Know

1. 1

   The deadline is strict. Under 14 M.R.S. 8107, notice of any claim permitted by the Maine Tort Claims Act is due within 365 days after the claim or cause of action accrues. A later notice, within the limits of section 8110, is allowed only when the claimant shows good cause why notice could not reasonably have been filed within 365 days. The same rule applies to the State and to political subdivisions.

2. 2

   State track: notice of a claim against the State goes to both the state department, board, agency, commission or authority whose act or omission caused the injury and the Attorney General. Each must receive a copy addressed to and filed with it.

3. 3

   Local track: notice of a claim against a political subdivision or its employee is addressed to and filed with one of the persons on whom a summons and complaint could be served on that subdivision under Maine Rules of Civil Procedure, Rule 4. Ask the entity's clerk which delivery method it accepts, and keep proof of the filing date.

4. 4

   The notice states the name and address of the claimant and of the claimant's attorney or representative, if any; a concise statement of the basis of the claim, including the date, time, place and circumstances; the name and address of any governmental employee involved, if known; a concise statement of the nature and extent of the injury; and the amount of monetary damages claimed.

5. 5

   The governmental entity has 120 days after the notice is filed to act on it (14 M.R.S. 8108). A claim is deemed denied if, at the end of the 120-day period, the entity has failed to approve or deny it. Suit must be begun within 2 years after the cause of action accrues (14 M.R.S. 8110).

6. 6

   A later notice is allowed only if the claimant shows good cause why notice could not reasonably have been filed within 365 days, such as contacts from an insurer or official implying coverage (14 M.R.S. 8107(5)). Even then, it must fall within the 2-year limit of section 8110.

7. 7

   If the claimant is a minor when the claim accrues, notice may be presented within 365 days of turning 18, and suit within 2 years of turning 18. If the claimant is incapacitated, any relative, attorney or agent may present the claim (14 M.R.S. 8107(2)).

Maine Requirements for Notice of Claim

• 365-Day Notice Deadline

  14 M.R.S. 8107: written notice within 365 days after the claim accrues, for claims against the State and political subdivisions; later only on good cause, within the limits of section 8110.

• State Claim Recipients

  14 M.R.S. 8107(3)(A): notice is addressed to and filed with both the responsible state department, board, agency, commission or authority and the Attorney General.

• Local Claim Recipient

  14 M.R.S. 8107(3)(B): notice is addressed to and filed with a person on whom a summons and complaint could be served on the political subdivision under M.R. Civ. P. 4.

• Required Contents

  State the claimant's and any attorney's name and address, the basis of the claim with date, time, place and circumstances, any employee involved if known, the nature and extent of the injury, and the amount claimed.

• 120-Day Deemed Denial

  14 M.R.S. 8108: a claim is deemed denied if, at the end of the 120-day period, the governmental entity has failed to approve or deny it.

• Two-Year Suit Deadline

  14 M.R.S. 8110: suit must be begun within 2 years after the cause of action accrues; for a minor, within 2 years of turning 18.

• Late Notice for Good Cause

  14 M.R.S. 8107(5): a later notice is allowed if the claimant shows good cause why it could not reasonably have been filed within 365 days, within the 2-year limit.

• Damages Cap

  14 M.R.S. 8105: $400,000 for any and all claims arising out of a single occurrence, including costs; punitive or exemplary damages excluded.