Minors
Children injured in Montana get a tolling rule: the statute does not begin running until the minor reaches the age of majority. This means a five-year-old injured in a car accident generally has until age 18 + the standard SOL years to file.
Statute of limitations · Montana
You have 3 years to file a personal-injury lawsuit in Montana.
The clock starts on the date of injury. The controlling statute is Mont. Code § 27-2-204. Filing one day late dismisses the case with prejudice.
What the Montana statute of limitations actually says
In Montana, the personal-injury filing deadline is not a recommendation. It is a substantive bar. File one day late and the defendant's lawyer wins automatically, regardless of who actually caused the accident or how badly you were hurt.
Montana applies the same 3-year limitations period to personal injury, medical malpractice, and wrongful-death claims (Mont. Code § 27-2-204). Property-damage claims run separately, with a 2-year deadline.
The statute itself, Mont. Code § 27-2-204, is the controlling authority. Interpretive decisions come from MT Sup. Ct., which has repeatedly enforced the deadline against late-filed plaintiffs.
When does the clock start in Montana?
For most personal-injury claims in Montana, the clock starts the day the wrongful act causes harm. A car crash victim, for example, has the limitations period running from the moment of impact, not from the day the medical bills are tallied or the insurance company denies the claim.
Discovery rule
Montana courts recognize a "discovery rule" exception: the statute does not begin running until the plaintiff knew or reasonably should have known of the injury and its cause. This matters most in latent-injury cases like asbestos exposure, surgical sponge cases, or chemical poisoning.
What happens if you file late
Filing late triggers an immediate motion to dismiss "with prejudice." That phrase matters: a dismissal with prejudice cannot be refiled. The same facts cannot be brought as a new case in a different court.
Exceptions that pause or restart the clock
Mental incapacity
Montana courts have recognized tolling for plaintiffs whose mental condition prevents them from understanding or pursuing their legal rights. The burden of proof is on the plaintiff. Temporary impairment after the accident, such as pain medication or short hospitalizations, does not qualify in most Montana cases.
Defendant absence from state
If the at-fault party leaves Montana after the injury, the SOL is typically tolled for the period of absence. Modern long-arm statutes and the increasing availability of service via the Montana insurance commissioner have narrowed this rule.
Fraudulent concealment
If the defendant actively concealed the cause of action, Montana courts can extend the SOL until the concealment is discovered or could have been discovered with reasonable diligence. Passive non-disclosure does not usually qualify.
Claims against Montana government entities
The Montana Tort Claims Act imposes pre-suit notice requirements on claims against state and municipal defendants. These notices are jurisdictional , failing to serve them on time, in the form required by statute, dismisses the case regardless of the SOL.
Comparative-fault rule that applies once you file on time
The statute of limitations decides whether you can sue. Montana's comparative-negligence rule then decides what you can collect.
Montana applies modified comparative fault (51% bar). Montana uses modified comparative fault with 51% bar. Authority: Mont. Code § 27-1-702.
All Montana civil-injury deadlines at a glance
| Claim type | Deadline | Statute | Clock starts |
|---|---|---|---|
| Personal injury (negligence) | 3 years | Mont. Code § 27-2-204 | Date of injury |
| Medical malpractice | 3 years | Mont. Code § 27-2-204 | Discovery or treatment end |
| Wrongful death | 3 years | Mont. Code § 27-2-204 | Date of death |
| Property damage | 2 years | Mont. Code § 27-2-204 | Date of damage |
Montana auto-insurance framework you will encounter
Montana is a pure at-fault (tort) state for car-accident claims. That means injured parties can sue the at-fault driver directly. The minimum liability coverage required under Mont. Code § 61-6-103 is 25/50/20.
Montana does not mandate UM coverage but insurers must offer it (Mont. Code § 33-23-201). Most policies include it at a minimum of undefined.
Montana damage caps that affect what you can recover
Montana caps non-economic damages in medical-malpractice cases at $250,000. Punitive damages are limited per statute ($10M or 3x compensatory). Authority: Mont. Code § 25-9-411.
Montana statute-of-limitations FAQ
Does Montana extend the SOL if the at-fault driver leaves the state?
Montana tolls the running of the SOL while the defendant is absent from the state. The defense bears the burden of proving the dates of absence, and tolling typically does not apply to defendants who can be served via long-arm statute or through their Montana insurer.
What if the insurance company is still negotiating when the deadline approaches?
Insurance negotiations do not toll the statute. Montana courts have repeatedly held that an adjuster's willingness to talk settlement is not a waiver of the SOL defense. Plaintiffs' lawyers routinely file protective complaints in the final 30 days even if talks are ongoing.
Does filing a workers' compensation claim extend the personal-injury SOL?
No. A workers' compensation claim is a separate administrative remedy with its own deadlines. If a third party (not your employer) caused the injury, you must still file the civil personal-injury suit within the standard Montana SOL.
What is "tolling" and when does it apply in Montana?
Tolling pauses the clock. Montana recognizes tolling for minority, mental incapacity, defendant absence, and (in narrow cases) fraudulent concealment of the cause of action by the defendant.
If I was hit by a Montana-registered driver but the crash happened in another state, which SOL applies?
Choice-of-law principles generally apply the SOL of the state where the injury occurred (the lex loci delicti rule), but Montana courts also look at the borrowing statute and the parties' connections. Cross-state cases benefit from early counsel.
Can the SOL be extended by a written agreement with the defendant?
Yes, in limited circumstances. Montana permits tolling agreements between the parties that extend the deadline, but they must be in writing, signed by an authorized representative of each side, and entered before the original deadline expires.
Does sending a demand letter to the insurance company stop the clock?
No. Only proper filing of a civil complaint in a Montana court stops the SOL. Demand letters, pre-suit mediation, and adjuster negotiations have no legal effect on the statutory deadline.
Are there different deadlines for car accidents, slip-and-falls, and dog bites in Montana?
In most states the personal-injury SOL applies uniformly to negligence-based claims regardless of accident type. Montana does have separate deadlines for medical-malpractice, wrongful-death, and certain intentional-tort claims, addressed on dedicated pages.
Related Montana personal-injury topics
Statute of limitations in nearby states
Sources cited on this page
- Montana personal-injury statute: Mont. Code § 27-2-204. Primary authority for the 3-year deadline.
- Comparative-negligence rule: Mont. Code § 27-1-702. Establishes modified comparative fault (51% bar) in Montana.
- Auto-insurance / financial-responsibility: Mont. Code § 61-6-103. Minimum liability 25/50/20.
- Uninsured-motorist coverage: Mont. Code § 33-23-201.
- Damage caps: Mont. Code § 25-9-411.
- Court verification: Decisions of MT Sup. Ct., accessed via Cornell Legal Information Institute and the CourtListener PACER archive.
Last verified against primary sources on 2026-05-16.