Montana Personal Injury Statute of Limitations Calculator

Montana gives most claims three years — but a wrongful death caused by homicide gets a genuinely longer 10-year window. Enter your date below to see your actual deadline.

MCA § 27-2-204 FigureMyTax Editorial Team Free · no sign-up

When is your filing deadline?

Pick the type of claim and the date of the injury. We'll show the actual Montana deadline, in plain terms.

Deadline to file suit
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Injured in Montana?

A local personal injury attorney can review your claim — many offer a free consultation.

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The general rule: three years

Under MCA § 27-2-204(1), most personal injury and property damage claims must be filed within three years from the date of injury.

Wrongful death: a genuinely distinctive homicide carve-out

Wrongful death claims generally carry the same three-year deadline — but § 27-2-204(2) includes a real exception: when the wrongful death is the result of a homicide, the period extends to a genuinely longer 10 years.

Medical malpractice: three years, not two

Despite some sources citing a two-year deadline, the actual text of § 27-2-205 sets a three-year period from the date of injury or from discovery, whichever is later — capped at an absolute five years from the date of injury regardless of when the injury was discovered. See our full guide to Montana's discovery rule and tolling for the genuinely distinctive rule that applies to very young children in malpractice cases.

Government claims: no shortened deadline, but a real notice step

Unlike most states, Montana generally doesn't impose a shorter statute of limitations for suing the government — but it does require written notice first. See our full guide to Montana government claim deadlines.

Montana statute of limitations — frequently asked questions

How long do I have to file a personal injury lawsuit in Montana?

Three years from the date of injury, under MCA § 27-2-204(1), for claims not founded on a written instrument.

Is Montana's wrongful death deadline always three years?

Not always. Wrongful death claims generally carry a three-year deadline, but if the death resulted from a homicide, the deadline extends to a genuinely longer 10 years.

Is medical malpractice two years or three years in Montana?

Three years, despite some sources citing two. The actual statute, MCA § 27-2-205, sets 3 years from injury or discovery, whichever is later, capped at an absolute 5 years from the injury.

Does Montana have a shorter deadline for suing the government?

Genuinely no — Montana generally applies the same statute of limitations to government claims as to private claims, though a separate written notice requirement applies first.

What happens if I miss Montana's filing deadline?

The court will almost always dismiss the case, and the right to seek compensation is lost permanently, regardless of how strong the underlying claim was.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on Montana statute (MCA § 27-2-204, § 27-2-205) verified per our methodology. Deadlines can vary based on the specific facts of a claim. Confirm your actual deadline with a licensed Montana attorney before acting.