Statute of Limitations for Personal Injury Cases in Montana

One of the most important considerations in any personal injury claim is the statute of limitations. It’s crucial to know and adhere to the statute of limitations for your type of case—if you fail to do so, you will lose your ability to file a claim.

From dog bites to wrongful death, every type of civil lawsuit has a statute of limitations. On top of that, the statute of limitations for your case may be longer or shorter depending on a number of factors.

The best way to make sure you don’t miss your deadline is to consult a Montana personal injury attorney. Because statutes of limitations vary from state to state and claim to claim, it’s a good idea to seek legal advice from a professional to ensure your information is accurate and up-to-date.

For more information on the statute of limitations in Montana, continue reading below.

What Is the Statute of Limitations?

The statute of limitations is a time limit for filing a claim. After this amount of time is up, the claimant loses their right of action. Typically, the time will begin running on the date of injury or harm, but that is not always the case.

The statute of limitations helps make sure that cases are pursued in a timely manner. This allows claims to be filed while evidence and witness memory are still fresh.

Montana Statutes of Limitations for Personal Injury Cases

It is impossible to accurately state the statute of limitations for all cases in a single article. Each personal injury case has unique circumstances that may impact the amount of time you have to file.

In general, the Montana statute of limitations for most torts is 3 years. This includes car accidents, truck accidents, slip-and-fall injuries, product liability cases, and other types of personal injury claims.

Cases involving personal property damage usually must be filed within 2 years of the date of harm.

In workers’ compensation cases, the statute of limitations is typically 1 or 2 years, depending on the circumstances surrounding your injury. It’s important to speak to a workers’ comp attorney as soon as you believe you have a case to ensure you do not miss your deadline.

If you believe you have a case, contact The Montana Advocates. We offer you a free consultation with one of our experienced personal injury lawyers, who will be able to help you understand your legal options.

Considerations that May Affect Your Time Limit

The type of case is not the only thing that will determine how long you have to file. There are a number of circumstances that may give you more or less time than the general statute of limitations.

Age of the injured person

If the injured person is a minor, the statute of limitations may begin on their 18th birthday, instead of the date of the accident. 

Discovery rule

In some cases, the statute of limitations may begin later than the date of harm. The discovery rule states that the statute of limitations begins on the date the injury or illness was discovered or should have been discovered.

One example of this is a medical malpractice claim. Typically, the statute of limitations in a medical malpractice case is 2 years. However, victims of medical malpractice may not discover the harm they suffered until months or years after it happened. In this case, they may have up to 5 years from the date of harm to file their claim.

These are not the only factors that may shorten or lengthen the amount of time you have to file. A personal injury attorney can review your case and help you avoid missing deadlines.

When Should I Contact a Montana Personal Injury Attorney?

While 1-3 years may feel like a long time, you’ll likely find it passes quickly. It is best to file your personal injury lawsuit as soon as possible, because these cases can take months or even years to settle. A personal injury attorney can get you on the road to recovery right away.

Besides the statute of limitations, other complications you may face include the comparative negligence rule, which may reduce your settlement amount if you are found partially responsible for your accident. You may also find that the at-fault party’s insurance company is unwilling to offer fair compensation for your damages.

A personal injury lawyer with The Montana Advocates law firm will take on the complex and stressful parts of the claims process for you, so you can focus on feeling better. We will build your case, negotiate with insurance providers, and take your case to court if necessary.

We are available to you 24/7 to help with any questions or concerns you may have. We will go above and beyond for you, to help you experience a smooth recovery and obtain the settlement you deserve under Montana law.

Contact The Advocates today for a free case evaluation. You deserve a legal team who truly cares about you, your family, and your recovery. You deserve an Advocate.