Skip to content

Statutes of Limitations

A Legal Guide

Menu
  • Contact
  • Glossary Of Terms
  • News
  • Disclaimer

Montana Statutes of Limitations

Statute of Limitations in Montana

Covid-19 Tolling of Statutes of Limitations in Montana

With the COVID-19 pandemic sweeping the United States and the rest of the world, many states have been forced to make adjustments to their statutes of limitations by either suspending cases or instituting an extension. However, Governor Stephen C. Bullock and the courts have so far remained silent when it comes to the issue of the statute of limitations in Montana.

What Are The Statute Of Limitations In Montana?

Whether you’re filing a claim for personal injury, fraud, wrongful death, or any other type of case, it’s important to know the statutes of limitations. These are deadlines set by the state government that dictate how long you have to file a lawsuit. The time limits for each vary from state to state, so it’s important to gain an understanding of your own state’s time frames.

Statute of Repose

Construction: 10 Years from completion of improvement of real property. This has been interpreted to apply to damage caused by a defective product that is related to the improvement.Mont. Stat. §27-2-208.

Products: None.

Negligence / Personal Injury

3 Years

(1) Except as provided in 27-2-216 and 27-2-217, the period prescribed for the commencement of an action upon a liability not founded upon an instrument in writing is within 3 years. Mont. Code Ann. § 27-2-204

Toxic Tort

3 Years (1) Except as provided in 27-2-216 and 27-2-217, the period prescribed for the commencement of an action upon a liability not founded upon an instrument in writing is within 3 years.
(2) The period prescribed for the commencement of an action to recover damages for the death of one caused by the wrongful act or neglect of another is within 3 years, except when the wrongful death is the result of a homicide, in which case the period is within 10 years. Mont. Code Ann. § 27-2-204

In recognizing that when an injury is self-concealing, the statute of limitations is tolled until a plaintiff discovers her injury, or until she should have discovered her injury with the use of due diligence
Nelson v. Nelson, 2002 MT 151, 310 Mont. 329, 334, 50 P.3d 139, 143

Wrongful Death

3 Years

The period prescribed for the commencement of an action to recover damages for the death of one caused by the wrongful act or neglect of another is within 3 years, except when the wrongful death is the result of a homicide, in which case the period is within 10 years. Mont. Code Ann. § 27-2-204

Medical Malpractice

3 Years (1) Action in tort or contract for injury or death against a physician or surgeon, dentist, registered nurse, nursing home or hospital administrator, dispensing optician, optometrist, licensed physical therapist, podiatrist, psychologist, osteopath, chiropractor, clinical laboratory bioanalyst, clinical laboratory technologist, pharmacist, veterinarian, a licensed hospital or long-term care facility, or licensed medical professional corporation, based upon alleged professional negligence or for rendering professional services without consent or for an act, error, or omission, must, except as provided in subsection (2), be commenced within 3 years after the date of injury or within 3 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs last, but in no case may an action be commenced after 5 years from the date of injury. However, this time limitation is tolled for any period during which there has been a failure to disclose any act, error, or omission upon which an action is based and that is known to the defendant or through the use of reasonable diligence subsequent to the act, error, or omission would have been known to the defendant. Mont. Code Ann. § 27-2-205

Products Liability

3 Years

(1) Except as provided in 27-2-216 and 27-2-217, the period prescribed for the commencement of an action upon a liability not founded upon an instrument in writing is within 3 years. Mont. Code Ann. § 27-2-204

Discovery:

A three-year statute of limitations does indeed apply to tort claims or products liability claims. Section 27-2-204, MCA. The law sets such statutes of limitations as an equitable measure intended to prevent the litigation of stale claims by requiring that a party file a claim within a reasonable period of time while the evidence supporting the claim is still fresh. E.W. v. D.C.H. (Mont.1988), 754 P.2d 817, 819, 45 St.Rep. 778, 780. The statute of limitations in any given case generally begins to run upon the occurrence of the last wrongful act relevant to the cause of action. The statute of limitations is not tolled until a plaintiff discovers her legal right to bring an action for known injuries. The statute also is not tolled until a plaintiff learns the facts out of which a known cause of action arose. Bennett v. Dow Chemical Co. (1986), 220 Mont. 117, 713 P.2d 992, 994, 43 St.Rep. 221, 224. This Court has, however, tolled the statute of limitations until a plaintiff discovers the injury, or until he should **962 have discovered the injury with the use of due diligence, if the injury is self-concealing. Johnson v. St. Patrick’s Hosp. (1966), 148 Mont. 125, 417 P.2d 469. A statute of limitations has even been tolled until the legal cause of an injury is determined, although the injury itself is apparent, if equity so demands. Hornung v. Richardson-Merrill, Inc. (D.Mont.1970), 317 F.Supp. 183.
Hando v. PPG Indus., Inc., 236 Mont. 493, 501, 771 P.2d 956, 961-62 (1989)

Fraud

2 Years The period prescribed for the commencement of an action for relief on the ground of fraud or mistake is within 2 years, the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake. Mont. Code Ann. § 27-2-203

Municipal Liability/Sovereign Immunity

Abolished.

Discovery Rule

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

Comparative Negligence

Applies

Charitable Immunity

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

Disabilities

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

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: $10 million, or 3% of defendant’s net worth except in class actions.

No-Fault Insurance

None

Other Relevant Information

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

Consumer Fraud Complaint

Montana Attorney General, Consumer Protection
https://app.doj.mt.gov/apps/Oscar/default.aspx

Consumer Line: (406) 444-4500

Toll-free: (800) 481-6896

Frequently Asked Questions About Montana Statute Of Limitations

The Montana State Code Annotated (MCA) is the complete collection of the Montana State Constitution as well as every state law. The MCA is updated following every legislative session. The entirety of the MCA can be viewed here.
A: Yes. Although Montana is still subject to federal laws, the state’s government, laws, and defined territory make it a sovereign state.
While medicinal marijuana is legal within the state of Montana, it still has not been decriminalized and therefore is not completely legal. Please examine rules and laws carefully before purchasing marijuana.

Your Lawyer - Personal Injury Law Firm Image

Do you have questions about Statute of Limitations? Ask them here!

Jurisdiction List

  • Alabama Statute of Limitations
  • Alaska Statute of Limitations
  • Arizona Statute of Limitations
  • Arkansas Statute of Limitations
  • California Statute of Limitations
  • Colorado Statute of Limitations
  • Connecticut Statute of Limitations
  • Delaware Statute of Limitations
  • Florida Statute of Limitations
  • Georgia Statute of Limitations
  • Hawaii Statute of Limitations
  • Idaho Statute of Limitations
  • Illinois Statute of Limitations
  • Indiana Statute of Limitations
  • Iowa Statute of Limitations
  • Kansas Statute of Limitations
  • Kentucky Statute of Limitations
  • Louisiana Statute of Limitations
  • Maine Statute of Limitations
  • Maryland Statute of Limitations
  • Massachusetts Statute of Limitations
  • Michigan Statute of Limitations
  • Minnesota Statute of Limitations
  • Mississippi Statute of Limitations
  • Missouri Statute of Limitations
  • Montana Statute of Limitations
  • Nebraska Statute of Limitations
  • Nevada Statute of Limitations
  • New Hampshire Statute of Limitations
  • New Jersey Statute of Limitations
  • New Mexico Statute of Limitations
  • New York Statute of Limitations
  • North Carolina Statute of Limitations
  • North Dakota Statute of Limitations
  • Ohio Statute of Limitations
  • Oklahoma Statute of Limitations
  • Oregon Statute of Limitations
  • Pennsylvania Statute of Limitations
  • Puerto Rico Statute of Limitations
  • Rhode Island Statute of Limitations
  • South Carolina Statute of Limitations
  • South Dakota Statute of Limitations
  • Tennessee Statute of Limitations
  • Texas Statute of Limitations
  • Utah Statute of Limitations
  • U.S. Virgin Islands Statute of Limitations
  • Vermont Statute of Limitations
  • Virginia Statute of Limitations
  • Washington Statute of Limitations
  • Washington D.C. Statute of Limitations
  • West Virginia Statute of Limitations
  • Wisconsin Statute of Limitations
  • Wyoming Statute of Limitations

New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
(212) 267-6700

Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
(718) 469-6900

Sitemap

Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
(718) 469-6900

Long Island
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
(516) 466-6500

New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
(973) 323-3603

Florida
Parker Waichman LLP
27299 Riverview Center Blvd, Suite 108
Bonita Springs,FL 34134
(239) 390-1000

© 2022 Parker Waichman LLP
1-800-LAW INFO (1-800-529-4636)
www.yourlawyer.com

Please note that you are not considered a client until you have signed a retainer agreement and your case has been accepted by us.
Prior results do not guarantee or predict a similar outcome with respect to any future matter.

Follow Us
Statutes of Limitations. Theme by Grace Themes

We are committed to making this website accessible, and as consistent with the Web Content Accessibility Guidelines (WCAG) 2.0 as possible. We closely follow guidance from the World Wide Web Consortium. We conduct ongoing accessibility reviews and remediate any functionality issues. These efforts are ongoing.

If, at any time, you have difficulty using this website, please contact us. Please be sure to specify the particular web page or function at issue, and provide us with any other information you may think will help us locate the area. We will strive to make that page accessible. If a page cannot be made accessible, we will work to make a text version available.