Montana has a firm deadline for most personal injury lawsuits. The statute of limitations is three years. The clock usually starts on the day of the accident. If you wait past the deadline, the court can dismiss your case no matter how strong it is. That sounds harsh, and it is, which is why knowing the date early matters.
Wrongful Death Has A Similar Timeline
If a loved one dies because of someone’s negligence, the general deadline is also three years from the date of death. There is one narrow exception. If the death resulted from a homicide, Montana allows up to ten years to file. The rule is set out in the Montana Code Annotated, which is the state’s collection of laws.
Medical Malpractice Has Shorter Windows
Claims that involve medical malpractice follow tighter timelines. You usually have two years from the date of injury or from when you discovered the injury. There is also a five-year outer limit. That means even if you discover the harm later, you cannot file more than five years after the act that caused it. There is a special rule for very young children. If a child was under four at the time of injury, the period starts on the child’s eighth birthday.
Minors And Certain Disabilities Can Pause the Clock
Montana gives extra time in some situations. If the injured person is a minor or has a qualifying mental health commitment when the injury occurs, the countdown can pause until the disability ends. This pause is called tolling. These rules have limits, so do not assume you have unlimited time. Ask questions early and write down the dates you learn.
Discovery Rule In Plain Terms
Sometimes people do not know they were injured right away. A slow developing injury or a hidden defect can take months to show up. Montana recognizes this with a discovery rule. The time to sue can start when you discover the injury or reasonably should have discovered it. This rule does not apply to every kind of case, and medical malpractice has its own limits, so treat discovery as helpful but not a free pass.
Claims Involving Government Entities
Crashes with city or state vehicles and injuries on public property can involve extra steps. There may be notice requirements and damage caps. These cases move on shorter leashes, so quick action is smart. If you think a government agency is involved, say that out loud when you first seek help so the plan fits the rules.
Why Acting Early Helps Your Case
Deadlines are only part of the story. Acting early helps you build evidence while it is fresh. Witnesses remember more in the first weeks. Photos and video are easier to find. Medical records start right away and show a clear line from accident to treatment. Early steps make later steps easier. Think of it like shoveling snow while it is light rather than after it has turned to ice.
Simple Next Steps Today
Circle the incident date on a calendar. Get a copy of the police report and your medical records. Keep receipts and a short diary that notes pain levels and missed work. If your case involves medical malpractice, write down when you first learned about the problem. A quick call with a local Montana personal injury attorney can help you check the deadline and map your next move. Your future self will thank you.
