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What are Montana’s personal injury statutes of limitation?

Following an act of negligence, you might be considering filing a lawsuit. In Montana, victims of a personal injury accident have the right to pursue a claim to hold the responsible party accountable for associated damages. However, there is a timeframe within which you must file your suit, or you may miss the opportunity to obtain compensation.

According to Montana law, you have three years from the date of negligence to file a personal injury claim for the following incidents: 

  • Personal injury
  • Product liability
  • Medical malpractice
  • Wrongful death

For medical malpractice, you have either three years from the date of the injury or three years from when you discovered the injury. The state limits any claim to be brought after five years from the date of the injury.

The situation changes slightly if your claim is against a state government entity or employee. In those situations, you may be required to file your claim in as little as 20 days. According to Montana.gov, you will need to write a letter that includes detailed information regarding the accident. Therefore, you will need to include information such as the time, date and place of the incident as well as a description of what occurred. The state also requires you to include your contact information and your signature.

Another item that the state will require – and that will be useful in pursuing a claim against any entity – is a summary of your damages. This includes property damage and medical bills. It could also include any physical pain or emotional suffering you have endured as a result of the accident. Personal injury claims in Montana often provide for non-economic damages.

While this information may be useful, it should not be taken as legal advice.

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