My son got hurt at Bangor daycare do I file now or wait?
Send a Maine Tort Claims Act notice of claim within 365 days if the daycare is public or tied to a school district, town, or other government entity.
That is the part most people get badly wrong.
People assume a child injury claim in Maine can always wait because the statute of limitations is usually paused for minors. For many private-party claims, that is broadly true: Maine's normal personal injury deadline is 6 years, and a child's time can be extended because of minority.
But that does not mean every claim can sit untouched until your child turns 18.
If the Bangor daycare is run by a public school, a municipality, or another governmental body, Maine's immunity law changes the timeline. You generally must give a written notice of claim within 365 days under the Maine Tort Claims Act, and lawsuits against governmental entities have tighter rules than people expect. Miss that notice, and the "my kid has years" advice can blow up the claim early.
The practical difference is simple:
- Private daycare or private business: the child's age may extend the deadline, but evidence still disappears fast.
- Public daycare / school program / town program: get the notice of claim out fast, even though your child is a minor.
- Settlement for a minor: people assume a parent can just sign. Often, a larger settlement for a child will need court approval and money may need to be protected for the child rather than paid straight to a parent.
Right now, do not wait for the daycare's insurer to "look into it." Get the incident report, names of staff, photos, and medical records from the same weekend. In Bangor, if this involved a school or municipal program, identify the correct public entity immediately so the 365-day notice goes to the right place.
Nothing on this page should be taken as legal advice — it's general information that may not apply to your specific case. If you've been hurt, a lawyer can tell you where you actually stand.
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