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Montana Statutes of Limitations

Negligence/Personal Injury

Statute of Limitations: 3 year with Occurrence Rule

Products Liability

Statute of Limitations: 3 years with Discovery Rule

Wrongful Death

Statute of Limitations: 3 years with same tolling provision exemption as Negligence/Personal Injury

Medical and Legal Malpractice

Statute of Limitations: 3 years with Discovery Rule, maximum of 5 years for foreign object in medical cases, 10 years in legal cases. These rules apply to minors that are four years of age and older. In the case of minors under four, the statute begins to run on the minor’s eighth birthday.

Intentional Torts

Statute of Limitations: 2 years

Other SOL

3 years: If injury or death to infant under 4, statute runs from 8 th birthday, whichever occurs first. Suits for sexual abuse of an infant, 3 years from discovery.

Fraud

Statute of Limitations: 2 Years. Claim does not accrue until discovery of facts constituting fraud or mistake.

Discovery Rule

SOL runs from time injury is, or should have been, discovered. See special rules for malpractice cases.

Counties

6 months for claims against counties which have been rejected by county commissioner.

Disabilities

Minority (18 th birthday), incompetence, or insanity allowed to a maximum of 5 years, except in case of infancy

Comparative Negligence

Applies.

Charitable Immunity

Although not abrogated by statute, Federal Court has imposed such liability.

Sovereign Immunity

Abolished.

Punitive Damages

Plaintiff must present clear and convincing evidence. Reasonable punitive damages can be awarded where defendant is found guilty of actual fraud or actual malice, including wanton disregard.

Caps: None

Consumer Fraud Complaint:

Montana Attorney General, Consumer Protection
http://www.mt.gov/doa/consumerprotection/default.asp
(406) 444-4500

Contact Us:
1-800-LAW INFO (1-800-529-4636)
www.yourlawyer.com

NOTE: Parker & Waichman, LLP has made every effort to provide accurate, up-to-date information. However, statutes in each jurisdiction may be amended, repealed, modified, or otherwise changed at any time by the legislature of that jurisdiction. In addition, the courts of each state may clarify statutes or declare them unconstitutional. The United States Supreme Court may also declare state statutes unconstitutional under certain circumstances. All of these possibilities, and more, create the potential for any of the information provided herein to change, without notice, at any time. As a result, the information on this website should be used as a general reference and for comparison purposes only and should not take the place of a timely consultation with an attorney. You may also want to consult the local Bar Association in the state or jurisdiction in which you plan to pursue a legal action. For a free and confidential consultation with one of our attorneys, please click here to fill out a short form.

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