Wrongful Death Deadline vs. Personal Injury Statute of Limitations

By the FigureMyTax Editorial Team · How we calculate

Montana's wrongful death deadline matches the general injury deadline, with a longer rule for homicide and a shorter one for malpractice.

Three years from death

Under MCA 27-2-204(2), the period for an action to recover damages for a death caused by the wrongful act or neglect of another is three years.

Homicide

Nolo reports a ten-year limit from the date of death when the death resulted from a homicide.

Compared with an injury claim

The general rule for tort actions is also three years, so the family's period matches what the injured person would have had.

Medical malpractice

Malpractice claims under MCA 27-2-205 must be brought within two years of the injury or its discovery, whichever is later, and never more than five years after the injury, so a family should not assume the three-year death deadline controls.

Government defendants

Claims against the state or a local government also face the $750,000 per-claim limit and special procedures, so confirm early which rules apply.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Montana's rules apply to your specific case with a licensed Montana attorney.