How Does Montana’s Statute of Limitations Affect Personal Injury Claims?

Being involved in an accident can be an overwhelming experience, especially if you’ve suffered extensive and severe injuries. Your focus may not be on filing a claim in court or with an insurance company but instead trying to regain your health and recover from the accident. That is understandable and appropriate, but you should also be aware that waiting too long can result in the loss of your right to pursue a personal injury claim.

If you've been injured in an accident caused by someone's negligence, the sooner you take action, the better. This is true because evidence needs to be preserved and witnesses need to be located, but it is also true because statutes of limitation apply to almost all personal injury claims. Moreover, the time limitations differ depending on the type of claim. If your claim is not filed within the time specified in the applicable statute, you can lose your right to pursue justice and obtain compensation. It can be challenging to deal with insurance adjusters whose priority is their company--not your well-being. A skilled Montana personal injury lawyer can deal with insurance companies and prepare your claim for court if necessary, so that you can focus on regaining your health and strength.

What Is the Purpose of a Statute of Limitations?

Statutes of limitation establish a period of time, after the incident in question, that a person or entity has to file a lawsuit. It’s important to understand the purpose of a statute of limitations and which statute of limitations applies to your case.

In Montana, the statute of limitations for personal injury cases is usually either two or three years from the date of the injury or discovery of the injury and its cause, depending on the type of case. While two or three years may seem like plenty of time, it often takes time to investigate and prepare a case for filing and the time can pass quickly. There are several reasons that we have statutes of limitation.

Ensures Reasonable Diligence

Statutes of limitation guarantee lawsuits are dealt with promptly. The party filing the claim is expected to exercise reasonable diligence. Statutes of limitation allow victims time to assemble their evidence, talk to witnesses, and learn the facts about the incident, but still encourages filing of the legal action within a reasonable time.

Preserves Facts and Evidence

Statutes of limitation ensure that the person or company that is being sued gets notice of the claim so they also can collect evidence before documents or physical evidence is lost or witnesses disappear or forget what happened.

What is the Discovery Doctrine?

Sometimes, a person’s injury or the cause of their injury is not immediately apparent. The statute of limitations generally will not begin to run in a personal injury case until the injured person discovers that they are injured and knows or has reason to know the cause of their injury. Some statutes of limitation also contain a “statute of repose.” The statute of repose states that, even if discovery of the injury or its cause is delayed, a lawsuit cannot, in any event, be filed after a certain maximum number of years have passed. For example, in medical negligence cases, a suit must be filed not more than two (or sometimes three) years after discovery, and not more than five years from the date of the injury.

What is Tolling?

Under certain circumstances, the statute of limitations clock does not run. This is called tolling. The clock may be tolled, for example, because the injured person is a minor, has some disability, or because the defendant has concealed evidence. Whether the statute of limitations was tolled is often a contested matter involving legal argument between the lawyers. Sometimes, a tolling dispute can be resolved by the judge and sometimes it is resolved by a jury.

Work with an Experienced Montana Personal Injury Lawyer at Morrison Sherwood Wilson Deola

Waiting too long to file a claim not only increases your risk of losing evidence but places you in danger of losing your right to compensation entirely. If discovery or tolling issues are involved in your case, they can be even trickier and very difficult to handle without the help of lawyers who have expertise in the area. Protect your right to compensation by working with an experienced personal injury attorney at Morrison Sherwood Wilson Deola. We will ensure you have the necessary tools and resources to file your case on time and meet all the requirements for a successful claim. Schedule a consultation with one of our personal injury lawyers today at (406) 442-3261, or fill out our contact form.