How long do you have to file an assault claim in Montana?
Short answer: The deadline depends on whether you mean a civil assault claim (a personal-injury lawsuit) or a criminal prosecution. Under Montana law, most civil personal-injury claims (including assault and battery) must be filed within three years of the injury. Criminal prosecution uses separate time limits that depend on the severity of the offense. This is general information only and not legal advice; consult a Montana lawyer about your specific situation.
Detailed answer — civil vs. criminal and special rules
Civil assault suits (personal-injury claims)
If you want to sue someone for assault or battery to recover medical costs, pain and suffering, lost wages, or other damages, you are generally bringing a civil personal-injury claim. Under Montana law, the ordinary statute of limitations for personal-injury actions is three years from the date the injury occurred or the date you discovered the injury.
Because statutes can have exceptions (for minors, for injuries discovered later, or for claims against government entities), you should not wait to speak with an attorney if you think you have a claim. The applicable Montana statutes governing limitation periods for civil actions are found in Mont. Code Ann., Title 27, Chapter 2 (statute of limitations). You can review the Montana Code online: https://leg.mt.gov/bills/mca/title_0270/
Criminal assault prosecutions
An assault can also be a criminal offense. Criminal prosecution time limits are separate from civil deadlines. Montana’s criminal code (Title 45) sets out offenses, and Montana law contains the applicable statutes of limitation for initiating criminal charges. Some serious felonies may have longer limitation periods or no limitation at all, while misdemeanors usually have much shorter windows. For details on Montana crimes and any applicable limitation periods, see Mont. Code Ann., Title 45: https://leg.mt.gov/bills/mca/title_0450/
Claims against the state, county, or city
If the person who injured you was a government employee or you’re suing a state or local government entity, special rules apply. Montana law requires timely notice and may impose shorter deadlines or additional procedural steps before you can file a lawsuit. Make sure you review the Montana Tort Claims Act and related provisions in Title 2 of the Montana Code: https://leg.mt.gov/bills/mca/title_0020/
Minors and discovery rules
Special rules often protect children. For example, statutes may toll (pause) the running of the limitation period while a victim is a minor, or the clock may start when the injury was discovered rather than the date it happened (the “discovery rule”) in cases where the harm was not immediately apparent. Check the statutory text or consult a lawyer to determine whether a tolling or discovery rule applies.
Why deadlines matter
If you miss a statute-of-limitations deadline, a court will usually dismiss your lawsuit even if your case has merit. Evidence degrades, witnesses move, and courts enforce these time limits strictly. Acting promptly preserves your rights and gives an attorney a better chance to gather testimony and documents.
Helpful hints
- Identify the kind of claim: decide whether you need a civil lawsuit for damages or are dealing with criminal charges or both.
- Act quickly: for most civil assault claims in Montana, plan to file within three years of the injury—don’t assume you have “plenty of time.”
- If a government actor is involved, check notice requirements immediately—these claims often have shorter windows and special filing rules.
- Keep records: preserve medical records, photographs, witness names and contact information, police reports, and other evidence as soon as possible.
- If you’re a minor or the injury was latent (not discovered right away), tell any attorney you consult about those facts — tolling or discovery rules may extend the deadline.
- Consult a Montana attorney promptly to confirm which statute of limitations applies to your case and to begin the necessary paperwork before a deadline passes.
Disclaimer: This article explains general principles of Montana law but is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, contact a licensed Montana attorney.