How Long Do I Have to File a Personal Injury Claim in Montana?

If you have suffered injuries due to the negligence or wrongdoing of another party, you may be eligible to file a personal injury claim to recover compensation for your damages. However, it is important to be aware of the time limits for filing a personal injury claim in Montana.

The Statute of Limitations

The statute of limitations is a time limit set by law that restricts the period within which you can file a lawsuit. In Montana, the statute of limitations for personal injury claims is regulated by Montana Code Annotated Section 27-2-204.

Under this law, you must file your personal injury claim within three years from the date of the injury. If you do not file your lawsuit within this time frame, you could lose your right to pursue compensation for your damages.

Montana’s statute of limitations is one of the shortest in the country, so it is crucial to seek legal assistance as soon as possible after an accident or injury.

Exceptions to the Statute of Limitations

In some rare cases, the statute of limitations can be paused (known as “tolled”) or even extended beyond the standard three-year time limit.

Tolling

Tolling means that the clock stops running on the statute of limitations, allowing you to file your claim after the normal deadline has expired. In Montana, the statute of limitations can be tolled for the following reasons:

  • If the injured person is under 18 years old at the time of the injury, the statute of limitations is tolled until the individual turns 18.
  • If the injured person was mentally incompetent at the time of the injury and that incompetence continued, the statute of limitations is tolled until the individual regains competency.

Extending

In Montana, there is also an exception to the statute of limitations known as the “discovery rule.” This rule extends the three-year time limit in cases where the injured person did not discover the injury until some time later.

Under the discovery rule, the statute of limitations starts running from the date the injury or damage was or should have been discovered through reasonable diligence.

Why File Your Claim ASAP

It is always a good idea to file your personal injury claim as soon as possible. There are several reasons why:

  • Witnesses and evidence may disappear with time, making it harder to establish liability and damages.
  • Insurance companies may try to limit or deny your claim if there is a delay in filing.
  • The longer you wait, the more difficult it can be to obtain compensation, as the medical bills, lost wages, and other damages can pile up.
  • Filing your claim promptly can help ensure that you get your day in court or at the negotiating table, and that you have the best possible chance of securing a fair settlement or award.

Get Legal Help for Your Personal Injury Claim

If you have suffered a personal injury due to the negligence or fault of another party, it is important to seek legal advice from an experienced personal injury attorney.

A skilled attorney can help you understand your rights and options, and guide you through the complex process of pursuing a personal injury claim. They can also help you navigate any legal deadlines and limitations involved in your case, and work to maximize the compensation you receive for your injuries.

In addition, a reputable personal injury lawyer can handle any negotiations with insurance companies and other parties, allowing you to focus on your recovery.

Bottom Line

If you have been injured in Montana, it is important to be aware of the time limits for filing a personal injury claim. The statute of limitations for personal injury claims in Montana is three years from the date of the injury, with some rare exceptions.

Contacting an experienced personal injury attorney as soon as possible can help ensure that you meet all deadlines and pursue your claim in an effective and efficient manner.

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