The law requires that you file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. This is referred to as the statute of limitations. Failure to file suit within this time frame prevents you from filing suit at all. In some instances, there are various exceptions to the statutes of limitation that may extend or limit the limitation periods. There may be special claims presentation requirements for claims against state and local government. The limitation periods may be tolled for minors, persons who are mentally incapacitated at the time the cause of action accrues, as well as in instances where the cause of action is fraudulently concealed, where the claimant is absent from the state or in prison. For these reasons, it is important to consult an attorney as early as possible to be sure you don't miss a crucial deadline.
In Montana, an action for personal injury or wrongful death generally must be brought within three years from the date when the cause of action accrues. However, shorter limitation periods may apply depending on the specific cause of action and facts surrounding the case. In most cases the cause of action accrues on the date of the incident, but there may be exceptions when the injury could not have reasonably been discovered until a later date.
