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Am I Running Out of Time: When to Act on a Possible Personal Injury Claim?

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Statute of Limitations in Personal Injury Cases

A statute of limitations is a law that controls for how long after an incident you can file a claim for compensation or liability. Statutes of Limitations exist in every single state for almost all torts. That means, if you were in an accident, you only have between one year and four years to begin a court case. 

If you have been injured, and you think you are going to need compensation from the party responsible you should contact an attorney as soon as possible. Some cases can be settled without litigation, but the negations must start a while before that statute of limitations will run out. If the statute of limitations is close to expiring, your attorney may have to file a lawsuit just to keep your claim from vanishing because you ran out of time.

Statutes of limitations vary from state to state, and there can be complicated rules. Some statutes of limitation begin to run at the date of the accident. Car accidents are one of the most common. Others begin to run at the time the injury is discovered, like in a case of defective drug injury.

In any case, it is important to contact an attorney as soon as you think you might have a claim. The Attorneys at The Advocates have years of experience. Most of the time they can tell you within the first meeting whether or not you have a claim, what the claim may be worth, and what needs to happen to collect an injury award.

The following table contains common injury types and the normal statute of limitations for each. It is important to remember that each case is unique, and it is always best to speak with an attorney as soon as you think you have a claim.

Type of ClaimStatute of LimitationsCode Section
Car accident3 yearsMont. Code Ann. §27-2-204
Motorcycle accident3 yearsMont. Code Ann. §27-2-204
Pedestrian accident3 yearsMont. Code Ann. §27-2-204
Dog bite injury3 yearsMont. Code Ann. §27-1-715

Mont. Code Ann. §27-2-204

Defective drugs3 yearsMont. Code Ann. §27-2-204
Bicycle accident3 yearsMont Code Ann. §27-2-204
Bus accident3 yearsMont. Code Ann. §27-2-204
Slip and fall3 yearsMCA §27-2-204
Truck accident3 yearsMont. Code Ann. §27-2-204
Wrongful death3 yearsMont. Code Ann. §27-2-204(2)
motorcycle accident
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