Am I Running Out of Time: When to Act on a Possible Personal Injury Claim?
What is the Statute of Limitations in Montana?
A statute of limitations is a law that controls how long after an incident you can file a claim for compensation or liability. Statutes of Limitations exist in every single state for almost all torts. That means, if you were in an accident, you only have between one year and four years to begin a court case.
If you have been injured, and you think you are going to need compensation from the party responsible you should contact an attorney as soon as possible. Some cases can be settled without litigation, but the negotiations must start a while before that statute of limitations will run out. If the statute of limitations is close to expiring, your attorney may have to file a lawsuit just to keep your claim from vanishing because you ran out of time.
Statutes of limitations vary from state to state, and there can be complicated rules. Some statutes of limitation begin to run out at the date of the accident. Car accidents are one of the most common. Others start at the time the injury is discovered, like in a case of defective drug injury.
In any case, it is essential to contact an attorney as soon as you think you might have a claim. The personal injury attorneys with The Advocates law firm have years of experience. Most of the time they can tell you within the first meeting whether or not you have a claim, what the claim may be worth, and what needs to happen to collect an injury award.
The following table contains common injury types and the typical statute of limitations for each. It is important to remember that each case is unique, and it is always best to speak with an attorney as soon as you think you have a claim.
Montana Statute of Limitations in Personal Injury Cases
|Type of Claim||Statute of Limitations||Code Section|
|Car accident||3 years||Mont. Code Ann. §27-2-204|
|Motorcycle accident||3 years||Mont. Code Ann. §27-2-204|
|Pedestrian accident||3 years||Mont. Code Ann. §27-2-204|
|Dog bite injury||3 years||Mont. Code Ann. §27-1-715
Mont. Code Ann. §27-2-204
|Defective drugs||3 years||Mont. Code Ann. §27-2-204|
|Bicycle accident||3 years||Mont Code Ann. §27-2-204|
|Bus accident||3 years||Mont. Code Ann. §27-2-204|
|Slip and fall||3 years||MCA §27-2-204|
|Truck accident||3 years||Mont. Code Ann. §27-2-204|
|Wrongful death||3 years||Mont. Code Ann. §27-2-204(2)|