Wrongful Death:
Statute of Limitations:
Two Years. 18-A M.R.S.A. § 2-804 (b)
Does discovery rule apply?
No. Butler v. Killoran, 714 A.2d 129, (Me.,1998.)
Who has the right to bring suit?
Personal representative. 18-A M.R.S.A. § 2-804 (b)
Personal Injury:
Statute of Limitations:
Six Years. 14 M.R.S.A. § 752
Does discovery rule apply?
Courts will look to the following four factors to determine whether the discovery rule should apply. (1) the nature of the relationship between the plaintiff and the defendant; (2) the magnitude of the loss or harm; (3) the plaintiff's inability to discover that he had been wronged within the applicable limitations period; and, to a lesser degree, (4) the existence of corroborating evidence. McAfee v. Cole, 637 A.2d 463, (Me.,1994).