In Missoula and throughout Montana, strict time limits to personal injury, known as “statutes of limitations,” govern how long you have to file a personal injury lawsuit. If you or a loved one was hurt due to someone else’s negligence, it’s important to understand how Montana’s statute of limitations applies to your situation. 

Immediately after an accident, contacting a Missoula personal injury lawyer at Craig Swapp & Associates helps injured people protect their rights in filing claims within the appropriate legal timeframes. 

Here’s what you need to know about the statute of limitations for personal injury claims in Missoula, Montana, and what can happen if you miss the deadline.

Montana’s Statute of Limitations for Personal Injury 

In Montana, personal injury statutes of limitations are set by law under Title 27, Chapter 2 of the Montana Code. These laws apply to claims filed in civil court. The deadline can vary depending on the nature of the claim, who the claim is against, and when the injury was discovered.

General Personal Injury Claims

If you were injured due to another party’s negligence, you generally have 3 years to file a personal injury lawsuit in Montana. The 3-year countdown begins on the date the injury occurred or when you reasonably should have known that an injury occurred due to someone’s wrongful actions.

This 3-year personal injury claim time limit applies to:

  • Car accidents
  • Truck accidents
  • Pedestrian and bicycle injuries
  • Premises liability 
  • Dog bites
  • Construction accidents
  • Product liability injuries

Failing to file within 3 years may bar you from pursuing compensation in court.

Medical Malpractice

Medical malpractice claims in Montana have a shorter window. Victims must file a lawsuit within 2 years of the date they were injured or when they reasonably discovered (or should have discovered) the injury.

There is also a statute of repose: No medical malpractice claim may be filed more than 5 years after the actual act of malpractice, regardless of discovery, except in cases involving fraud, concealment, or the minority of the patient.

Special rule for minors: If the injured child was under the age of four, the limitations period starts on their eighth birthday. This extension helps preserve the right to file for young children harmed by medical negligence.

Wrongful Death

If a person dies due to another’s wrongful conduct, the surviving family or representative has also 3 years to file a wrongful death claim. Wrongful death lawsuits are typically filed by a personal representative of the deceased’s estate on behalf of the surviving family members.

Intentional Torts

Intentional harm (e.g., such as assault, battery, or other willful misconduct) has a shorter filing period. Under Montana law, you generally have only 2 years to bring a lawsuit for injuries caused by an intentional act. Because of this shorter time frame, victims of violent or intentional harm should act quickly to protect their rights.

Exceptions to Personal Injury Statute of Limitations

While the statutory deadlines are strict, there are some important exceptions that can either pause (toll) or extend the deadline for filing personal injury claims in Missoula.

Discovery Rule

Montana follows a discovery rule for certain injury claims. This rule allows the statute of limitations to begin when the injured person discovers or reasonably should have discovered that they were harmed and that someone else’s wrongful conduct caused it.

This exception is common in cases involving:

  • Latent injuries (e.g., toxic exposure, undiagnosed complications)
  • Defective products
  • Medical malpractice where the error wasn’t immediately evident

However, civil courts carefully scrutinize whether the claimant used “due diligence” in discovering the injury.

Minors and Incapacitated Individuals

In general, if the injured person is under 18 or mentally incapacitated at the time of the injury, the statute of limitations may be tolled (paused) until the legal disability ends. This means the clock doesn’t start until the person turns 18 or regains capacity.

For medical malpractice cases involving children under age four, the statute begins on the child’s eighth birthday (as noted above).

Claims Against the Government

If your personal injury claim is against a Montana government agency, city, or county, you must follow special notice procedures. You must file a written claim with the appropriate agency before filing a lawsuit.

  • Once submitted, the agency has 120 days to respond
  • During this time, the statute of limitations is tolled (paused)
  • If the agency denies the claim or doesn’t respond within 120 days, you may proceed with filing a lawsuit against a Montana County within 6 months

Failing to submit this administrative claim can result in your case being dismissed entirely.

What if a Missoula Injury Claim Wasn’t Filed Within the Deadline?

If the statute of limitations for your injury case runs out, you will likely lose your right to file a lawsuit and pursue compensation. Even if you have strong evidence or a clear fault, courts in Montana generally will not consider claims filed after the deadline.

Some insurance companies may also deny injury claims if they know your lawsuit is time-barred, even if you were previously negotiating a settlement.

Courts rarely grant exceptions unless you can show:

  • You were under a legal disability (minor or incapacitated)
  • Fraud or concealment prevented you from discovering the harm
  • The injury wasn’t reasonably discoverable until later

Because these exceptions are narrowly applied, it’s important to consult with an injury lawyer in Missoula as early as possible.

Seek a Personal Injury Lawyer in Missoula Immediately to Get Started

While you may have up to 3 years to file a personal injury lawsuit in Missoula, you should never wait that long to speak with legal counsel. 

Early involvement from a lawyer can help you:

  • Preserve critical evidence
  • Document your injuries and losses
  • Avoid missing key filing deadlines
  • Navigate exceptions and tolling provisions
  • Negotiate with insurance companies

Additionally, your case may require expert analysis, investigations, or compliance with special procedures (especially for medical or government-related claims). The sooner you act, the more time your legal team has to build a strong case.

Start taking action by calling us at 406-642-0192 to schedule a free consultation or sending us a message about your case by answering our online form here.

Written By: Ryan Swapp     Legal Review By: Craig Swapp