How long do you have to sue after an injury in Montana?
Last checked November 8, 2026
In Montana you generally have 3 years from the date of your injury to file a lawsuit, under Mont. Code Ann. § 27-2-204(1) (version effective Oct. 1, 2026).
Calculate your deadline
Your general deadline would be
This is a general estimate. Exceptions can change it. We do not need your details to show it.
Montana injury deadlines at a glance
| Situation | Deadline | Law |
|---|---|---|
| Most injuries, including car accidents | 3 years | Mont. Code Ann. § 27-2-204(1) (version effective Oct. 1, 2026) |
| Wrongful death | 3 years | Mont. Code Ann. § 27-2-204(2) |
What the law says
“the period prescribed for the commencement of an action on a liability not founded on an instrument in writing is within 3 years.”
Mont. Code Ann. § 27-2-204(1) (version effective Oct. 1, 2026)
When does the clock start?
Usually on the day you were hurt. In Montana, Mont. Code Ann. § 27-2-204(1) (version effective Oct. 1, 2026) sets the period. If an injury was discovered later, or the injured person is a minor, the date can change. Confirm it with a lawyer.
What does not stop the clock
Talking to an adjuster, having an open insurance claim or still being in treatment usually does not stop the deadline to sue. Filing the lawsuit on time or reaching a settlement does.
What happens if you miss it?
Usually the court dismisses the case and you lose the right to be paid, even if your claim is strong. That is why it helps to talk to a lawyer well before the date.
Other states with the same deadline
Sources
- Mont. Code Ann. § 27-2-204(1) (version effective Oct. 1, 2026), Official text, 2026-11-08
- Mont. Code Ann. § 27-2-204(2), Official text, 2026-11-08