Deadlines to File an Injury Lawsuit in Montana
How long you have to sue in Montana for an injury, property damage, medical malpractice or wrongful death, and the shorter deadline for claims against the government.
Short answer: Three years for tort actions in general, including personal injury based on negligence (an action on a liability not founded on a written instrument). Two years for libel, slander, assault, battery, false imprisonment or seduction. Mont. Code Ann. § 27-2-204(1), (3)
| Deadline to sue for an injury | Three years for tort actions in general, including personal injury based on negligence (an action on a liability not founded on a written instrument). Two years for libel, slander, assault, battery, false imprisonment or seduction. |
|---|---|
| Deadline to sue for property damage | Two years for injury to real or personal property, or for taking, detaining or injuring goods. Source: Mont. Code Ann. § 27-2-207 |
| Medical malpractice deadline | Two years after the date of injury or two years after the patient discovers (or reasonably should have discovered) the injury, whichever is later, but never more than five years after the date of injury. The time is paused while the provider fails to disclose a known act, error or omission. For a child injured before age 4, the time starts at the child's 8th birthday (or death, if earlier). Effective Oct. 1, 2026, a separate deadline applies to claims about gender transition treatment received as a minor (Mont. Code Ann. § 27-2-219). Source: Mont. Code Ann. § 27-2-205 |
| Wrongful death deadline | Three years, except 10 years when the death resulted from a homicide. Source: Mont. Code Ann. § 27-2-204(2) |
| Suing the government | Claims against the state must first be presented in writing to the Department of Administration, which has 120 days to grant or deny; no lawsuit may be filed until the claim is denied (no decision in 120 days counts as denial), and the statute of limitations is paused for 120 days after the department receives the claim. Claims against a county, city or other political subdivision must be presented to and filed with its clerk or secretary. Government liability is capped at $750,000 per claim and $1.5 million per occurrence. Cap: https://leg.mt.gov/bills/mca/title_0020/chapter_0090/part_0010/section_0080/0020-0090-0010-0080.html |
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FAQ
What is the statute of limitations for personal injury in Montana?
Three years for tort actions in general, including personal injury based on negligence (an action on a liability not founded on a written instrument). Two years for libel, slander, assault, battery, false imprisonment or seduction.
How long do you have to sue for property damage in Montana?
Two years for injury to real or personal property, or for taking, detaining or injuring goods.
What is the statute of limitations for medical malpractice in Montana?
Two years after the date of injury or two years after the patient discovers (or reasonably should have discovered) the injury, whichever is later, but never more than five years after the date of injury. The time is paused while the provider fails to disclose a known act, error or omission. For a child injured before age 4, the time starts at the child's 8th birthday (or death, if earlier).
How long do you have to file a wrongful death lawsuit in Montana?
Three years, except 10 years when the death resulted from a homicide.
How do you file an injury claim against the government in Montana?
Claims against the state must first be presented in writing to the Department of Administration, which has 120 days to grant or deny; no lawsuit may be filed until the claim is denied (no decision in 120 days counts as denial), and the statute of limitations is paused for 120 days after the department receives the claim. Claims against a county, city or other political subdivision must be presented to and filed with its clerk or secretary. Government liability is capped at $750,000 per claim and $1.5 million per occurrence.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.