Many states have a limit on how long you have to file a claim against a party you believe is responsible for your injuries. This is called the statute of limitations. If you try to file a claim outside of that timeframe, the court will not uphold your case, which means the other party is not obligated to provide you with compensation.
We highly encourage you to contact our personal injury attorneys in Montana as soon as possible so that your case is never at risk of missing this deadline.
How Long Is the Montana Personal Injury Statute of Limitations?
Under Montana tort law, a person has 3 years from the date of the accident to bring a claim against a responsible party. That means you have 3 full years to file a claim with the insurance company or to seek out a lawsuit against the responsible party. While this may seem like a long time, in reality, it is not. Before you can bring such a claim, there is a lot of work to do.
Also, there are some situations where the statute of limitations is less. In situations of seeking compensation for malicious prosecution or defamation, you only have 2 years from the date of the incident to take legal action.
Exceptions to the Statute of Limitations in Montana
In some situations, you may still be able to file a claim for personal injury beyond that 3-year timeframe. For example, if the incident occurs while you are a minor, the 2- or 3-year timeframe does not occur until you reach your 18th birthday. For example, if you are hurt in a car accident when you are 15 years old, you may have until you are 21 years of age to seek out a claim. This assumes that you did not seek out a claim while you were a minor.
While this may provide you with a bit more time, waiting is not ideal and not beneficial to you in any case. Whenever possible, seek legal action now, or if you are a minor, your parents should seek legal action right away. Doing so helps to ensure the most evidence possible in your case is available. That can help to protect your ability to use it to prove your losses.
Unsure of When Your Claim Starts?
Even if you are not sure how long you have to file a claim, we encourage you to contact an attorney now. That is true, even if you think it may be too late. Our team will try to determine what rights you may have to continue to see compensation.
Contact Our Personal Injury Attorney Now for a Free Consultation
If you were hurt in a personal injury of any type, contact our legal team at Everett Cook Law. With over 40 years of experience, our local, trusted attorneys want to help you get fair compensation. Learn more about the Montana personal injury statute of limitations and your rights during a free consultation with us now.