Montana Statutes of Limitations
Statute of Limitations: 3 year with Occurrence Rule
Statute of Limitations: 3 years with Discovery Rule
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.
Statute of Limitations: 2 years
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.
Statute of Limitations: 2 Years. Claim does not accrue until discovery of facts constituting fraud or mistake.
SOL runs from time injury is, or should have been, discovered. See special rules for malpractice cases.
6 months for claims against counties which have been rejected by county commissioner.
Minority (18 th birthday), incompetence, or insanity allowed to a maximum of 5 years, except in case of infancy
Although not abrogated by statute, Federal Court has imposed such liability.
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.
Consumer Fraud Complaint:
Montana Attorney General, Consumer Protection