Montana Statute of Limitations for MT Personal Injury Lawsuits

In Pennsylvania, the statute of limitation for a wrongful death, personal injury, product liability, and medical malpractice lawsuit is two years.

Montana Statute of Limitations
Every state has a different statute of limitations for the many types of fatal accidents. Do not wait until the last minute to consult with a lawyer to file a lawsuit.  To miss this vital opportunity could be a costly mistake.

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Here are some important facts to know about Montana’s statute of limitations and time limits for filing a lawsuit:

• Negligence – The applicable Statute of Limitations period for actions in negligence and products liability in tort is 3 years
• Medical Malpractice–. Against health care providers – within 3 yrs. of date of injury or when injury was or should have been discovered (applies to minors over 4 yrs.); Under 4 yrs. old – statute begins on 8th birthday
• Product Liability – 3 years from date of injury
• Wrongful Death –3 yrs of (D.O.D
• Survival – Follows common law - actions based on tort died with the death of either the wronged or the wrongdoer

Caps on MT Lawyers Awards: Montana has no limitations on attorney awards
Montana Caps on Damage Awards

Medical Malpractice- In a malpractice claim or claims against one or more health care providers based on a single incident of malpractice, an award for past and future damages for noneconomic loss may not exceed $250,000. All claims for noneconomic loss deriving from injuries to a patient are subject to an award not to exceed $250,000.
 Product Liability– allowed -- limitation.

   (1)  Except as otherwise expressly provided by statute and subject to subsection (3), a judge or jury may award, in addition to compensatory damages, punitive damages for the sake of example and for the purpose of punishing a defendant.

(2) (a) Unless otherwise expressly provided by statute, punitive damages may not be recovered in any action arising from:

(i)  contract; or

(ii)  breach of contract.

(b)  Subsection (2)(a) does not prohibit recovery of punitive damages in a products liability action or an action arising under 33-18-201.

(3)  An award for punitive damages may not exceed $ 10 million or 3% of a defendant's net worth, whichever is less. This subsection does not limit punitive damages that may be awarded in class action lawsuits.
Pharmaceutical cases – Same as medical malpractice and product liability 

Montana Minors – Statute of Limitations/minors tolling - Except in cases of wrongful death, the statute of limitations begins to run on the minor's 18th birthday
No limitations of attorney caps in Montana.

Contact Our Wrongful Death Lawyers Today »

Montana Highway Patrol Headquarters
2550 Prospect Avenue
P. O. Box 201419
Helena, MT 59620-1419
406-444-3780
http://www.doj.mt.gov/

Montana Trial Lawyers Association
32 S. Ewing – Suite 312
PO Box 838
Helena, MT 59624
406-443-3124
http://www.monttla.com/index.html

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