Montana Statute of Limitations

Wrongful Death

A wrongful death action must be filed within three years of the date of death, except when the wrongful death is caused by homicide. In those cases, the applicable limitations period is 10 years.

Personal Injury Actions

These actions must be brought within three years of the date of the injury.

Medical Malpractice Actions

Actions against health care providers must be filed within three years of the date when the act giving rise to the injury occurred, or within three years from the date that the injury was, or should have been, discovered. In no event may a person file a medical malpractice claim more than five years after the act giving rise to the injury occurred. The limitations period is tolled during the time when the tort-feasor knew or should have known of the harm caused and refused to disclose it. These rules apply to minors who are four years of age and older. In the case of minors under four, the statute begins to run on the minor's eighth birthday.

Products Liability Actions

Products liability actions must be brought within three years after the plaintiff suffers the injury. The limitations period is tolled if the tort-feasor fraudulently conceals the cause of action.

Special Rules for Minors

Except in cases of medical malpractice or wrongful death, the statute of limitations begins to run on the minor's 18th birthday.

Workers' Compensation

A workers' compensation claim must be filed, other than claims for occupation disease, within 12 months of the date of the accident, although the time period may be waived by the insurer for up to an additional 24 months on showing of lack of knowledge of disability, latent injury, or equitable estoppel.

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Note: Our attorneys are licensed to practice law in Pennsylvania, West Virginia, Ohio, Maryland, and Virginia. This information is not intended to solicit clients for matters outside of the states of Pennsylvania, Ohio, West Virginia, Maryland, and Virginia, although if you are injured in an accident, we have relationships with other personal injury attorneys and lawyers throughout the United States.