Montana injury rights, deadlines, and help

If you were hurt in Montana, you probably want to know one thing first: how long do I have to act? This page gives you Montana's main injury deadlines, what to do right now, and where free help is.

We are the injured person's advocate. Our help is always free to you.

The deadline box: Montana's key time limits

Personal injury lawsuit: 3 years. Under Mont. Code Ann. § 27-2-204, most injury lawsuits must be filed within 3 years. This is the statute of limitations (the legal deadline to file a lawsuit). (Source)
Work injury, report to your employer: 30 days. Under Mont. Code Ann. § 39-71-603, notice of the accident must reach your employer within 30 days. (Source)
Work injury, file the claim: 12 months. Under Mont. Code Ann. § 39-71-601, a workers compensation claim (the state system that pays for work injuries) must be filed within 12 months of the accident. The insurer can extend that by up to 24 additional months in limited situations, but 12 months is the number to live by. (Source)
Injury involving the government: present the claim first. Under Mont. Code Ann. §§ 2-9-301 and 2-9-302, before suing the state or a local government you must present a written claim, to the Department of Administration for state claims or to the clerk of the local government. There is no separate short day count, but presenting the claim pauses the lawsuit clock for 120 days, and silence for 120 days counts as a denial. (Source, source)

Two warnings. First, the 12-month work-injury claim window is the trap. It is far shorter than the 3-year lawsuit clock, and reporting the accident to your boss is not the same as filing the claim. Second, medical claims can have different, often shorter deadlines. Do not assume the 3-year rule covers a hospital or doctor case.

What to do first

Get medical care now. Your health comes first, and the records also document your injury.
If it happened at work, give your employer written notice today and keep a copy. Then make sure the actual claim form gets filed. Two different steps, two different clocks.
Write down what happened while it is fresh: date, time, place, people, and conditions.
Take photos of the scene, your injuries, and anything involved (a vehicle, icy stairs, a machine).
Get names and contact information for witnesses.
Do not sign anything from an insurance company before you understand your full costs.
Note who owns the place where you were hurt. If a state or local government is involved, plan for the written claim step.

Common situations in Montana

Hurt at work. Montana's system splits into a 30-day report and a 12-month claim, and people lose benefits by doing the first and assuming it covered the second. Report in writing the same day, then confirm in writing that a claim was actually filed with the insurer. If your employer or the insurer goes quiet, that silence is a warning, not a comfort.

Hurt on the road. Montana uses modified comparative negligence (a rule that reduces or blocks recovery based on your share of fault). Under Mont. Code Ann. § 27-1-702, you can recover as long as your fault is not greater than the other side's, with your damages reduced by your share. (Source) Long rural distances mean crashes here often involve serious injuries and disputed facts, so photos, witnesses, and the crash report matter.

Hurt on someone's property. Falls, dog bites, and unsafe conditions follow the same 3-year lawsuit clock. For dog bites, under Mont. Code Ann. § 27-1-715, the owner is liable for an unprovoked bite in a public place or while you are lawfully in a private place within an incorporated city or town, regardless of the dog's past behavior. Outside city limits, older court-made rules apply, which can require proof the owner knew the dog was dangerous. (Source)

A true story: the widow whose lawyer vanished

In 2008, Linda Patow hired a California attorney after her husband, a longshoreman for over 40 years, died of lung cancer. The lawyer was supposed to handle three claims, including a federal workers' compensation death-benefits claim. He had no experience in that type of case, quietly abandoned the claim by late 2010, and never told her. The judge issued three orders the lawyer ignored, then moved to dismiss the claim for failure to prosecute. Mrs. Patow had to write to the judge herself to keep her case alive and find a new lawyer. Her first lawyer also took over $12,000 of her settlement money from a related claim, and was disbarred. (Source: State Bar Court of California, 2014)

Her story is from California, but the lesson fits Montana's short 12-month claim window exactly. Silence can mean your claim is dying. If your lawyer stops answering, check your case status with the court or agency directly, and get help doing it. That is not rude. It is how you protect yourself.

What we can help with

We are on your side, and our help is free to injured people. We can help you:

Understand which Montana deadlines apply to your situation
Put your work-injury notice in writing today, and confirm the claim itself gets filed inside 12 months
Organize your records, photos, and timeline
Prepare the written claim step when a government body is involved
Find the right next step: medical care, therapy, state benefits, or a licensed attorney when your case needs one
Prepare questions to ask before you hire any lawyer, and check in if one goes silent

We do not give legal advice, and we never take money from injured people. We explain your rights in plain language and connect you with licensed help when you need it.

Tell us what happened

If you or someone you love was hurt in Montana, you do not have to sort this out alone. Tell us what happened. It is free, private, and there is no pressure.

Sources

Last reviewed: 2026-08-16

This is general information, not legal advice. Deadlines can change or vary with the facts. A licensed attorney can confirm the rule for your situation.