Montana Statute of Limitations for Personal Injury
In Montana, the statute of limitations for personal injury is 3 years. After this period, a lawsuit based on this type of claim is generally time-barred.
Data last updated: Apr 16, 2026Key Takeaways
- Time limit: 3 years from accrual.
- Statute: Mont. Code § 27-2-204.
- Accrues on the date of injury or discovery.
What are personal injury claims?
Claims for physical or emotional harm caused by another person's negligence or intentional act.
Details
Accrues on the date of injury or discovery.
General Montana Rules
Montana provides an 8-year period for written contract claims, one of the longer periods nationally. The discovery rule applies to personal injury, medical malpractice, and fraud claims. Montana has a 5-year statute of repose for medical malpractice.
Other Statutes of Limitations in Montana
Personal Injury in Other States
Frequently Asked Questions
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What is the statute of limitations for personal injury in Montana?
The statute of limitations for personal injury in Montana is 3 years. Citation: Mont. Code § 27-2-204.
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When does the clock start for personal injury in Montana?
Accrues on the date of injury or discovery.
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Can the statute of limitations for personal injury be extended in Montana?
In some cases, yes. Tolling provisions may apply for minors, persons with incapacity, or when the defendant is absent from the state. The discovery rule may also delay the start of the statute. Consult an attorney for your specific situation.