Personal Injury · Montana
Personal Injury Statute of Limitations in Montana
Filing deadline
3 years
How to file before the deadline
1
Document everything. Collect evidence, photos, medical records, contracts, and all correspondence related to your claim.
2
Check your deadline. You have 3 years from the date of injury or discovery in Montana. Use our SoL Calculator to confirm.
3
Consult an attorney. A licensed Montana attorney can evaluate your case, confirm exceptions, and handle the filing. Find an attorney.
4
File before the deadline. Your attorney will prepare and file the complaint in the appropriate Montana court before the statute of limitations expires.
Frequently asked questions
What is the statute of limitations for personal injury in Montana?
In Montana, the statute of limitations for personal injury claims is 3 years from the date the injury occurred or was discovered. This is the deadline to file a lawsuit. After the deadline passes, the court will almost certainly dismiss your case, regardless of its merits.
When does the clock start for a personal injury claim in Montana?
The clock usually starts on the date the harm occurred. However, Montana recognizes the "discovery rule" for many claim types — the clock may not start until you discover (or reasonably should have discovered) the injury. There may also be tolling provisions for minors, mentally incapacitated persons, or defendants who leave the state.
Can the statute of limitations be extended in Montana?
Yes, under certain circumstances. Common exceptions include: the plaintiff was a minor at the time of injury, the defendant left the state, the plaintiff was mentally incapacitated, or the injury was fraudulently concealed. These exceptions vary by state and claim type — a licensed Montana attorney can confirm whether any apply to your situation.
What happens if I miss the filing deadline in Montana?
If you file after the statute of limitations has expired, the defendant will file a motion to dismiss and the court will almost certainly grant it. Your case will be over before it starts. This is why it is critical to consult with a Montana attorney as soon as possible after an incident.
Personal Injury deadlines in other states
Other deadlines in Montana
Legal information, not legal advice. FreeLegalAdvice.app does not create an attorney-client relationship. The statute of limitations has exceptions (discovery rule, tolling, minority) that only a licensed Montana attorney can confirm for your specific case. Always verify an attorney's license directly with the Montana State Bar.