Detailed answer — Montana personal injury deadline and what happens if you don’t settle
Under Montana law, most personal injury claims must be filed in court within three years from the date the cause of action accrues. See Montana Code Annotated (MCA) § 27-2-204 for the basic rule: MCA § 27-2-204. That three-year period is the statute of limitations for ordinary bodily-injury claims arising from negligence or similar conduct.
Key points you need to understand:
1) Filing a lawsuit preserves your right — failing to settle is not the same as failing to preserve the claim
If you and the other side do not reach a settlement before the limitations period ends, you still retain the right to pursue the claim by filing a complaint (lawsuit) in court before the statute of limitations expires. Filing a timely lawsuit will preserve the claim even if you later settle or try to resume negotiations.
2) If you neither settle nor file a lawsuit before the statute runs, the defendant can likely block your case
If you do not file a lawsuit before the statute of limitations runs, the defendant can move to dismiss any later suit as time-barred. In most situations, a judge will dismiss a late claim and you will lose the right to recover damages. Settlement negotiations alone generally do not stop the clock.
3) Settlement talks rarely toll (pause) the limitations period unless you agree in writing
Informal negotiations or a verbal promise to continue talks typically do not stop the limitations clock. If you want negotiations to pause the deadline, you and the other side should sign a written tolling agreement (sometimes called a “time‑extension” or “delay” agreement) that explicitly extends the filing deadline. Without a signed tolling agreement, the court will usually require you to have filed before the statutory deadline.
4) There are limited exceptions that can extend (toll) the deadline
Montana law recognizes limited circumstances that can delay when the limitations period starts or temporarily toll it. Examples include:
- Minority: if the injured person is a minor, the limitations period may be tolled until the minor turns 18.
- Mental incapacity: if the plaintiff is legally incapacitated, the time may be tolled until incapacity ends.
- Fraudulent concealment: if the defendant fraudulently hid the injury or the cause of the injury, courts may apply equitable tolling in some cases.
- Discovery rule: for latent injuries that are not and could not reasonably be discovered at the time of the event (for example, certain toxic exposure cases), the claim may accrue when the plaintiff discovered, or reasonably should have discovered, the injury.
Whether any exception applies depends on the facts. You should not assume an exception applies without legal advice.
5) Practical consequences if the claim becomes time-barred
- You lose the right to sue the wrongdoer in civil court for compensatory damages tied to that incident.
- Defendants and their insurers can refuse to pay anything and may use the statute of limitations as a defense in court.
- You might still get payment from sources that don’t require a lawsuit (e.g., certain insurance benefits), but many recovery routes are cut off once the statute bars the claim.
6) What you can do now
If your claim is approaching its deadline, act promptly. Common options include:
- File a complaint before the deadline to preserve the claim.
- Ask the other side for a written tolling agreement and have your attorney review it before you sign.
- Document and preserve medical records, photos, witness contact information, and other evidence now.
- Contact an attorney to review whether any tolling exceptions apply (minority, incapacity, discovery rule, or fraud).
Helpful hints
- Confirm the accrual date: for most accidents the clock starts on the date of injury; for latent injuries the discovery date may control.
- Don’t rely on settlement talks to stop the clock unless you have a signed, written tolling agreement.
- If you’re unsure of the deadline, file a complaint — filing is the safest way to preserve rights while you continue negotiating.
- Keep all medical bills, doctor notes, photos of the scene/injuries, and witness contact details in one place.
- Give prompt written notice to any insurer that may cover the claim (but be cautious when making recorded statements; consult counsel first).
- If you are a minor or mentally incapacitated, tell a lawyer right away — special rules may extend the filing period.
- Ask for a written copy of any settlement offer and review it with an attorney before signing anything.
Where to look in Montana law: The primary limitation for personal-injury claims is set out in the Montana Code: MCA § 27-2-204. For precise applications and any exceptions that may apply to your facts, review the code and consult a Montana attorney.
Next step: If you believe your deadline is near or already passed, contact a Montana personal injury lawyer promptly. Even a short delay can be fatal to a claim. If you cannot afford a lawyer, ask about contingency-fee arrangements (many personal injury lawyers work for a percentage of recovery).
Disclaimer: This article explains general Montana law and common practices and is for informational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult a licensed attorney in Montana.