Personal Injury Statute of Limitations in Montana
Last verified 2026-07 · Source: Mont. Code Ann. § 27-2-204(1) ✓ verified · 3 sources
The deadline
3 years
from Date of injury; delayed if injury and causal relationship not reasonably discoverable at time of act or omission, under Mont. Code Ann. § 27-2-204(1).
Advertisement
The deadline to file a personal injury lawsuit in Montana is 3 years, set by Mont. Code Ann. § 27-2-204(1). It starts running on Date of injury; delayed if injury and causal relationship not reasonably discoverable at time of act or omission. This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.
Montana Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Personal Injury | 3 years | Mont. Code Ann. § 27-2-204(1) |
| Car Accident | 3 yrs | Mont. Code Ann. § 27-2-204(1) |
| Credit Card Debt | 5 yrs | Mont. Code Ann. § 27-2-202(2) |
| Medical Malpractice | 2 yrs | Mont. Code Ann. § 27-2-205 |
| Wrongful Death | 3 yrs | Mont. Code Ann. § 27-2-204(2); § 27-1-513 |
| Dog Bite | 3 yrs | Mont. Code Ann. § 27-2-204 |
| Slip and Fall | 3 yrs | Mont. Code Ann. § 27-2-204(1) |
| Defamation | 2 yrs | Mont. Code Ann. § 27-2-204(3) |
| Breach of Contract | 8 yrs | Mont. Code Ann. § 27-2-202(1) |
| Medical Debt | 5 yrs | Mont. Code Ann. § 27-2-202(2) |
When the Clock Starts
In Montana, the limitations period for personal injury lawsuits generally begins on Date of injury; delayed if injury and causal relationship not reasonably discoverable at time of act or omission. Montana recognizes a discovery rule for this claim type: Clock starts when plaintiff discovers or reasonably should have discovered injury and its causal relationship to the act or omission (Mont. Code Ann. § 27-2-102(3))
Advertisement
Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Written notice required before suing state or local government; may file suit after claim denied or 120 days pass from notice (Mont. Code Ann. § 2-9-301)
- Damage caps: No general noneconomic damage cap for private defendants; punitive damages available
Modified comparative fault (51% bar); plaintiff barred if 51% or more at fault (Mont. Code Ann. § 27-1-702). Intentional torts: 2-year limit. Med-mal: 2 years from discovery, max 5-year outer limit.
Source: Mont. Code Ann. § 27-2-204(1), official Montana statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Montana government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Montana Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Montana | 3 years | Mont. Code Ann. § 27-2-204(1) |
| North Dakota | 6 yrs | N.D. Cent. Code § 28-01-16(5) |
| South Dakota | 3 yrs | S.D. Codified Laws § 15-2-14(3) |
| Wyoming | 4 yrs | Wyo. Stat. § 1-3-105(a)(iv)(C) |
| Idaho | 2 yrs | Idaho Code § 5-219(4) |
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in Montana?
You have 3 years from Date of injury; delayed if injury and causal relationship not reasonably discoverable at time of act or omission, under Mont. Code Ann. § 27-2-204(1).
Can I still sue after 3 years in Montana?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to personal injury lawsuits in Montana?
Yes. Clock starts when plaintiff discovers or reasonably should have discovered injury and its causal relationship to the act or omission (Mont. Code Ann. § 27-2-102(3))
What if the victim was a minor?
Montana generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Written notice required before suing state or local government; may file suit after claim denied or 120 days pass from notice (Mont. Code Ann. § 2-9-301)
Advertisement
Sources
- Official Mont. Code Ann. § 27-2-204 — Montana Legislature MCA Online
- Corroborating Montana Personal Injury Laws and Statutes of Limitations — Nolo
- Corroborating Montana Statutes of Limitations — FindLaw
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Montana attorney.