Statute of Limitations Text

The Statute of Limitations on Personal Injury Claims 

Gerstner Adam Law Oct. 18, 2022

Under Montana law, individuals who are hurt in a negligent accident may be eligible to seek financial compensation for their injuries and damages through an injury claim. However, there is a time limit (maximum time) after an incident whereby the claimant must initiate legal action against the at-fault party. This is referred to as the statute of limitations. A well-informed Montana personal injury attorney can help you by analyzing how the statute of limitations might affect your personal injury claims.   

Our team at Gerstner Adam Law enjoys assisting, guiding, and representing clients in their accident claims. With our team on your side, we can examine all the details of your specific situation, educate you about the statute of limitations for your case, and ensure that you file your personal injury claims within the required time frame. Our firm is proud to represent clients across Billings, Sidney, Miles City, and Glendive, Montana. 

Understanding Statute of Limitations  

A statute of limitations is a law that sets the maximum time following an event that the injured party will have to commence a legal action – from the date of the incident. Also, a statute of limitations can help preserve the legality of a case and ensure that the plaintiff doesn’t threaten or blackmail the defendant indefinitely. 

The Statute Of Limitations for Various Personal Injuries 

The statute of limitations for most personal injury cases in Montana – including car accidents, motorcycle accidents, slip and falls, dog bites, medical malpractice, and wrongful death – is three (3) years from the date the accident or injury occurred. This means that the claimant must commence a civil action seeking damages for their injuries within three years of the accident or injury. 

Exceptions to the Statute of Limitations in Montana 

Though, this time limit may account for the majority of injuries. However, there are certain situations where a statute of limitations may be extended. Here are some possible exceptions to the Montana statute of limitations: 

  • Age – the victim is a minor. 

  • Mental capacity – the victim has a mental condition and needs to be institutionalized. 

  • Partial payment.

  • Death – the plaintiff died. 

A reliable lawyer can help file your claims as soon as possible and ensure that you don’t exceed the maximum time limit. 

What to Do If You Have Missed the Filing Deadline  

As mentioned earlier, the maximum time limit for filing a personal injury claim in Montana is three years. If you fail to file your claims or lawsuit within the specified period under state law, you may completely lose your rights to pursue compensation for your injuries.  

Unfortunately, the court will dismiss your case if you file after the statute of limitations elapsed. Likewise, this will affect your leverage during the settlement negotiations – no matter how strong your case might be.  

Generally, the time for filing an injury claim passes by quickly. But if you speak with our personal injury attorneys, we can walk you through every step of the injury claims process and make sure you file your claims within the required period. 

Legal Advocacy When You Need It Most 

Being involved in an accident can be devastating and can affect you financially, mentally, and physically. Even though Montana laws allow injury victims to seek compensation from the at-fault party, it is still important that you file your claims or lawsuit within the specified time limit. A strategic personal injury attorney can examine your options to seek damages and advocate for your best interests.   

At Gerstner Adam Law, we have the skill and resources to help you hold those responsible for your injuries and damages accountable. With our in-depth legal understanding, we can guide you through the often complex claims process and help file your claims as soon as possible. 

Don’t delay or postpone filing your injury claims. Contact Gerstner Adam Law to arrange a case assessment with loyal personal injury lawyers. Our trusted legal team provides the compassionate representation and support you need in your injury claims. We proudly represent accident victims and their families across Billings, Sidney, Miles City, and Glendive, Montana.