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When you’ve been hurt in an accident, the last thing on your mind is a filing deadline. You’re focused on medical treatment, your recovery, and getting your life back on track. But under Montana law, how long you wait to take action can determine whether you recover compensation at all. The statute of limitations—the legal deadline for filing a lawsuit—is one of the most important laws every injured person in Montana needs to understand.

What Is a Statute of Limitations?

A statute of limitations sets a fixed period of time within which you must file a lawsuit. Once that period expires, your claim is usually barred forever, no matter how strong your case might be. These laws exist to encourage prompt resolution of disputes, preserve evidence, and ensure fairness for all parties.

In Montana, the statute of limitations for personal injury cases—including car crashes, slip and falls, and most negligence-based claims—is generally three years from the date of the injury. See Mont. Code Ann. § 27-2-204.

That means if you were injured in a car accident on November 10, 2025, you typically must file your lawsuit by November 10, 2028.

Why This Deadline Is So Critical

Many injured people assume that as long as they are “in talks” with the insurance company, their rights are protected. Unfortunately, that’s not true. Insurance negotiations do not pause or extend the statute of limitations. If the deadline passes and no lawsuit is filed, the insurer can legally refuse to pay—no matter how badly you were hurt or how clearly their insured was at fault.

Once the statute expires:

• The defendant can move to dismiss your case.
• The court must grant that dismissal.
• You permanently lose the right to recover compensation.

Exceptions and Special Circumstances

There are a few limited exceptions under Montana law that can “toll,” or pause, the statute of limitations. For example:

• Minors or incapacitated persons: If the injured person is under 18 or legally incapacitated, the three-year period typically does not begin until the disability is removed.
• Discovery rule: In rare cases, where an injury could not reasonably have been discovered right away—such as medical malpractice or latent chemical exposure—the clock may start when the injury should have been discovered.
• Wrongful death: Claims for wrongful death must be filed within three years of the date of death.

Each situation is unique, and even a short delay in recognizing these exceptions can cause problems later. That’s why early legal advice is essential.

How a Delay Can Weaken Your Case

Even before the statute runs out, time can work against you. Over months and years:

• Witnesses move or forget details.
• Accident scenes change.
• Surveillance footage or maintenance records are deleted.
• Medical documentation becomes harder to obtain.

When evidence goes missing, insurance companies gain leverage—and juries have less to work with. Filing early preserves your strongest case and sends a clear message that you take your rights seriously.

What to Do If You’ve Been Injured

1. Seek medical attention immediately. Your health comes first, and medical records are vital evidence.
2. Document everything. Take photos, save receipts, and note key dates and names.
3. Consult a Montana personal injury attorney as soon as possible. An experienced lawyer will evaluate your case, preserve evidence, communicate with insurers, and ensure your claim is filed before the deadline.

The Boland Aarab PLLP Approach

 At Boland Aarab PLLP, we know how a missed deadline can destroy a valid claim—and we don’t let that happen. From day one, we calculate every applicable statute, track every critical date, and ensure filings are made on time. Our trial-tested attorneys handle the full range of personal injury matters across Montana, from vehicle collisions to premises liability and insurance bad faith.

If you’ve been injured, don’t wait until it’s too late. Contact our office in Great Falls today for a free consultation. We’ll help you understand your rights, your timeline, and the next steps toward full recovery.

Disclaimer: The information contained in this blog is provided for general informational purposes only and does not constitute legal advice. Reading this post or contacting our firm through this website does not create an attorney–client relationship. Each legal matter is unique, and you should consult a qualified attorney regarding your specific situation.