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If you were injured in Montana because of someone else’s negligence, one of the first legal questions is simple but important: How long do you have to file?
For many ordinary personal injury claims, Montana uses a three-year limitations period. But that does not mean every injury case has the same deadline. The correct timeline can change depending on the type of claim, the defendant, when the claim legally accrued, the injured person’s age or capacity, and whether special statutory procedures apply.
That is why the safest approach is to identify the claim early rather than counting three years from the accident date and assuming the result is correct.
If you need help evaluating a deadline, Wall, McLean & Gallagher can review the facts and determine which Montana rules apply.
The date of an accident matters, but it is only part of the limitations analysis.
Montana has different statutes of limitation for different types of civil actions. Negligence claims, property-damage claims, medical malpractice, defamation, contract disputes, and other statutory causes of action may all follow different provisions. The Montana limitations statutes are organized by the type of action rather than by one universal personal injury deadline.
That distinction becomes important when one event creates more than one legal claim. A car crash, for example, may involve bodily injury, property damage, insurance issues, and potentially claims against more than one defendant.
Under Montana Code § 27-2-204, an action based on a liability not founded on a written instrument generally must be commenced within three years, subject to statutory exceptions. Current Montana law also provides a three-year period for wrongful death caused by another’s wrongful act or neglect, with a longer period in certain homicide-related cases.
That three-year rule often applies to claims arising from car crashes, motorcycle collisions, unsafe property conditions, and other negligence-based injuries.
But it should not be treated as a universal rule. A deadline can be shorter, longer, tolled, or governed by a different statute depending on the circumstances.
For more information about negligence claims generally, see our Montana personal injury representation page.
Bodily injury and property loss are not always governed by the same limitations provision.
Montana has a separate statute, § 27-2-207, addressing injuries to property. That means a vehicle-damage claim arising from the same crash as a bodily injury claim may require a separate deadline analysis. The state’s limitations framework lists property injuries independently from general tort and personal injury actions.
This is one reason people should avoid assuming that every issue from one accident shares the same filing date.
A death caused by negligence raises additional legal questions beyond the ordinary personal injury deadline.
Montana’s general wrongful death provision appears in § 27-2-204 and currently provides a three-year period for a wrongful death action, with a ten-year period when the wrongful death results from homicide.
But consulting an attorney is still important because wrongful death and survival matters can involve separate questions about who has authority to bring the claim, when the cause of action accrued, what damages are available, and how an estate-related claim differs from the family’s wrongful death claim.
Do not assume that a death-related case can be calculated simply by adding three years to the date of death.
Medical malpractice is another major exception to the ordinary personal injury framework.
Current Montana law generally requires a medical malpractice action to be commenced within two years after the injury or within two years after the plaintiff discovers, or through reasonable diligence should have discovered, the injury, whichever occurs later. The statute also contains a five-year outer limit in most circumstances, along with specific rules involving concealment and young children.
That makes medical malpractice a good example of why the phrase “Montana personal injury statute of limitations” can be misleading when used as though it describes every injury claim.
Montana law contains tolling rules that can affect when a limitations period begins to run or how long a claimant has to file.
Potential issues can include:
These rules should not be self-calculated from a generic online article.
A tolling rule that applies in one type of claim may not apply in another, and the facts required to trigger an exception can be narrow.
Another common source of confusion is the difference between an insurance deadline and a lawsuit deadline.
An auto or liability policy may require prompt notice of a loss, proof-of-loss materials, cooperation with an investigation, or other contractual steps. UM/UIM claims may involve policy provisions that do not mirror the tort statute of limitations.
Insurance deadlines can therefore arise before the deadline to file a lawsuit.
Likewise, communicating with an insurance company does not normally stop the statute of limitations simply because settlement negotiations are ongoing. Do not assume that an open claim file, ongoing negotiations, or a pending offer automatically preserves the right to sue.
For collision-related claims, our Helena car accident lawyers and Montana motorcycle accident lawyers resources explain additional issues that can arise after a crash.
The filing deadline may be years away, but important evidence can disappear in days or weeks.
A strong claim may depend on evidence such as:
Surveillance systems may overwrite footage. Vehicles may be repaired or destroyed. Witnesses may become difficult to locate. Physical conditions may change. Preserving evidence early does not mean filing a lawsuit immediately. It simply protects the information needed to evaluate the claim accurately.
The most important filing-deadline question is not, “What is the general Montana rule?”
It is, “What deadline applies to this claim, against this defendant, under these facts?”
Wall, McLean & Gallagher can identify the relevant cause of action, determine whether special procedures apply, and build a deadline calendar before a missed date becomes the central issue in the case.
You can learn more about attorney Michael McLean and attorney Pat Gallagher.
If you or someone in your family was injured in Montana, call (406) 442-1054 for a case review.
No.
Many ordinary negligence and personal injury claims use the three-year period in Montana Code § 27-2-204, but other claims can follow different statutes and procedural rules.
That depends on the claim.
Some causes of action run from the date of injury, while others may involve a discovery rule or another accrual standard. Medical malpractice, for example, has its own statutory discovery language.
Possibly, but the answer depends on the type of claim and the applicable statute.
Montana has special rules involving minors in some contexts, including medical malpractice, but those rules should be reviewed individually rather than assumed to apply to every personal injury action.
Generally, no.
Opening a claim, exchanging documents, or negotiating with an insurer is not the same thing as properly filing a lawsuit within the applicable limitations period.
Do not rely on settlement discussions as a substitute for determining the actual filing deadline.
