Understanding the statutes
Because evidence is important to a personal injury case and because the more time that goes by after an accident, the less a witness may remember, there are limits on
when a suit can be filed. Keep in mind, personal injury suits are considered civil proceedings. The following explains when a suit must be filed:
- Personal injury - in cases of personal injury, the wronged party must file suit within three (3) years of the date of the accident which is considered the date of the injury. The only exception to this would be if the victim of the accident was a minor. In these cases, Montana law allows the suit to be file on behalf of the minor but in the event it is not, the statute of limitations would be three years after the minor turned 18.
- Wrongful death - wrongful death claims must also be filed within three years. There are not exceptions to this limit for minors and should a suit be filed after the third year, the case will be immediately thrown out of court.
It is imperative if you are injured in a car accident, a workplace accident or a truck accident to seek immediate legal assistance. Keep in mind, the sooner an attorney is able to speak with witnesses and understand the nature of the accident, the more likely they are to be able to present a strong case on your behalf. If you were injured or you lost a loved one due to someone's negligence, contact a Montana personal injury attorney to make sure your rights are protected.
