When is it too late to file a personal injury, car accident, workers’ comp or wrongful death claim?
Montana, like most states, has strict deadlines for filing a claim after an accident or injury. Missing these deadlines—known as the statute of limitations—can prevent you from recovering any compensation, so it’s critical to know the specific time limits that apply to your situation.
This guide will break down the filing deadlines for various types of claims, including personal injury, workplace accidents, wrongful death, and claims involving government entities, as well as when exceptions might allow for extended filing times.
What is meant by statute of limitations?
The statute of limitations is a legal term for the time limit you have to file a lawsuit or claim. In most cases, if you don’t file within this time frame, you typically lose your right to seek compensation for your injuries or damages. The specific time limits vary depending on the type of case and jurisdiction.
How long do you have to file a civil suit in Montana?
A civil suit is a legal action where one party (the plaintiff) seeks compensation or damages from another party (the defendant) for harm or injury. These cases are based on tort law, which addresses wrongful actions—whether intentional or negligent—that cause harm to others.
Unlike criminal cases, which are brought by the state to punish unlawful behavior, civil suits focus on compensating the victim for their losses rather than penalizing the defendant.
In Montana, the time limit to file a civil suit—known as the statute of limitations—varies depending on the type of case, but for most personal injury cases like those involving car accidents, truck accidents, slip and fall accidents, or product liability, the deadline is typically 3 years from the date of injury.
What is the statute of limitations on personal injury in Montana?
When filing a personal injury claim in Montana, tort law states that you must bring the case within 3 years of your injury. That time limit accounts for most injuries, but there are some exceptions which actually have shorter time limits.
For example, if you wish to sue for defamation, slander, assault, battery, false imprisonment, or malicious prosecution, these cases only have a 2-year statute of limitations.
Below are some other exceptions to the typical 3-year statute of limitations in Montana:
- Wrongful death. Like most other personal injury claims, the statute of limitations for wrongful death claims is 3 years from the date of the person’s death. However, if the wrongful death is the result of a homicide, the statute of limitations extends to 10 years.
- Workers’ compensation. You have 30 days to report a work-related injury to your employer in Montana. If you need to file a workers’ compensation claim, you must do so within 1 year from the date of the injury or diagnosis.
- Underage minors. The statute of limitations doesn’t start until the injured plaintiff turns 18 years old. So, if your child suffered an injury in a car accident on their 11th birthday, you’d have 10 years to file the claim (3 years after their 18th birthday). However, waiting that long would make a case more difficult to win since key evidence may no longer be available and witness memories may fade over time, so you should generally consider filing as soon as possible after any injury involving negligence.
- Mental capacity. If the injured person is institutionalized due to a mental condition at the time of the injury, they would have 2 years to file a claim from the date they are deemed mentally competent. However, this extension cannot exceed 5 years from the date of the injury.
- Local government agencies or officials. Under Montana Code Ann. § 27-2-209, claims against local government or officials vary depending on the situation. Most government lawsuits, such as those that result from accidents with government vehicles, must be filed within 3 years. However, claims related to the escape of a prisoner or property damage caused by a mob or riot have a 1-year limit. For claims against a county rejected by commissioners or disputes involving municipal land use or construction decisions, the deadline is 6 months from the date of rejection or decision.
- Medical malpractice. For medical malpractice cases involving negligence like misdiagnosis or wrong-site surgery, you generally have 2 years from the date of injury or from when the injury was discovered or should have reasonably been discovered, whichever is later. However, Montana Code Ann. § 27-2-205 specifies that no action can be filed more than 5 years after the date of injury unless the defendant failed to disclose the action or omission that caused the injury, in which case the time limit may be extended.
Personal Injury vs. Workers’ Compensation in Montana
Learn the key differences between workers’ compensation and personal injury claims so you can maximize your compensation after an accident.
Special considerations for Montana car accidents
Like most personal injury cases in Montana, car accident claims against the at-fault driver for damages like medical expenses, lost wages, pain and suffering, etc., must be filed within 3 years. However, if you want to be compensated for damages to your personal property (like your car), you must file a claim within 2 years of the event.
Why you shouldn’t wait until the last minute to file a claim
If you’ve been injured, it’s important not to wait until the last minute to file a claim—it can make things much harder and hurt your chances of getting the compensation you deserve. Here’s why:
Over time, important evidence can disappear—witnesses may forget key details, physical evidence like skid marks or property damage could vanish, and connecting your medical records directly to the injury can become more difficult. The longer you wait, the harder it becomes to prove your case.
Additionally, insurance companies often use delays against you, questioning whether your injury is as serious as you claim or if it was even caused by the accident.
Filing late also gives you and your attorney less time to gather documents, secure expert opinions, negotiate with insurers, and build a strong case. The reality is that the sooner you act, the better your chances of a successful outcome.
Is there any way to get around the statute of limitations?
In some cases, there may be exceptions or ways to extend the statute of limitations, but these are very limited and depend on the specific circumstances. Here are a few examples:
- Discovery rule. In some cases, the statute of limitations may be extended if the injury or its cause wasn’t immediately discovered. In such cases, the clock starts when you knew, or reasonably should have known, about the injury and its connection to the incident.
- Tolling for minors or those with mental incapacity. If the injured person is a minor or mentally incapacitated at the time of the injury, the statute of limitations may be delayed until after they turn 18 or are declared mentally competent.
- Fraud or concealment. If the defendant deliberately concealed their wrongdoing or fraudulently misrepresented facts that prevented you from filing a claim, the statute of limitations may be paused until the discovery of the wrongdoing.
Because these exceptions are limited and depend on the type of case and jurisdiction, it’s important to consult with a local Montana injury attorney to understand how the statute of limitations applies to your specific situation.
Injured in Montana? We can help!
To get more information about the statute of limitations and to see how to file your claim before the deadline, contact the experienced Great Falls personal injury attorneys at Murphy Law Firm. Our attorneys have more than 75 years of combined experience helping Montanans injured in car accidents, motorcycle accidents, work accidents, slip and fall accidents, product liability incidents, and more get the full compensation they deserve.
