Detailed Answer
Under Montana law, most personal injury claims must be filed within three years of the date the injury occurs. This deadline is known as the statute of limitations. If you miss this deadline, a court will almost certainly dismiss your case and you will lose the right to recover compensation for your injuries.
Statutory Deadline: Montana Code Annotated § 27-2-204 sets a 3-year deadline for “all actions for injury to the person or character not otherwise provided for.” You must file your lawsuit in a Montana district court before the three-year period expires. MCA 27-2-204.
When the Clock Starts: In most cases, the statute of limitations begins on the date of the accident or injury. However, Montana recognizes a discovery rule for injuries that are not immediately apparent. Under this rule, the clock starts when you first discover, or through reasonable diligence should have discovered, the injury and its negligent cause.
Exceptions and Tolling:
- Minor Plaintiffs: If the injured party is under age 18, the three-year period does not begin until the minor turns 18. MCA 27-2-205.
- Injuries Discovered Later: For latent injuries (for example, chemical or repetitive trauma), the discovery rule may extend the deadline if the injury and its link to negligence were not reasonably knowable immediately.
- Government Defendants: Claims against state or local governments may require you to file an administrative claim or notice of intent within a shorter period (often 120 days) before filing a lawsuit. See MCA 2-9-111.
Always verify deadlines early. Even a one-day delay can bar your claim.
Helpful Hints
- Mark key dates: note the accident date and calculate three years out.
- Document injuries and medical treatment promptly.
- Consider how latent injuries might affect your filing deadline.
- Check special rules for suing government entities or minors.
- Consult an attorney well before the deadline to preserve evidence and build your case.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. You should consult a licensed attorney to discuss how Montana law applies to your unique situation.