Montana's Statute of Limitations

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Montana's Statute of Limitations


Wrongful Death
A wrongful death action must be filed within three years of the date of death.

Personal Injury Actions
These actions must be brought within three years of the date of the injury.

Medical Malpractice Actions
Actions against health-care providers must be filed within three years of the date when the act giving rise to the injury occurred, or within three years from the date that the injury was, or should have been, discovered. In no event may a person file a medical malpractice claim more than five years after the act giving rise to the injury occurred. 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.

Products Liability Actions
Products liability actions must be brought within three years after the plaintiff suffers the injury.

Special Rules for Minors
Except in cases of medical malpractice or wrongful death, the statute of limitations begins to run on the minor's 18th birthday.