Key facts: Montana
- Wrongful death deadline
- 3 years
- When the clock starts
- Generally the date of injury for personal injury claims; the date of death for wrongful death. Montana follows the discovery rule for most negligence claims, which delays accrual when the injury was not, or could not reasonably have been, discovered at the time.
- Last verified
- 2026-05-22
- Source type
- Primary (state code or court opinion)
Details and exceptions for Montana
Three years for both PI and wrongful death (running from date of death). Wrongful death resulting from a homicide gets an extended 10-year period. Notice of claim against state agencies must be filed before suit under Mont. Code Ann. § 2-9-301.
Related: Montana comparative negligence rule
Montana follows a modified 51% bar rule. Modified comparative negligence with a 51% bar; the plaintiff is barred only when contributory negligence is "greater than" the combined fault of all defendants.
Read the full Montana comparative negligence rule →This page is informational and does not constitute legal advice. Notice deadlines for claims against governmental units, medical malpractice, intentional torts, and other special categories run on separate tracks and can be much shorter. Confirm the controlling rule with a licensed Montana attorney before relying on it.