As soon as you know you were hurt badly enough to need ongoing care, or that someone is disputing fault, and always before the first deadline that applies to your claim. No law says you must hire a lawyer by a certain date. But every claim has a time limit, some are much shorter than the three years most people have heard of, and the evidence that proves what happened starts to disappear on the first day. This page lists the deadlines that make early advice matter. It is part of the Decide section of our Montana Injury Claim Guide.
The Deadlines, in One Table
| Claim | Deadline or first step | MCA |
|---|---|---|
| A lawsuit for a personal injury | 3 years | § 27-2-204(1) |
| A wrongful death action | 3 years, or 10 years if the death resulted from a homicide | § 27-2-204(2) |
| Assault, battery, libel, slander, or false imprisonment | 2 years | § 27-2-204(3) |
| Damage to your car or other property | 2 years | § 27-2-207 |
| A claim against the State | Present it in writing to the Department of Administration before filing suit; the department has 120 days to decide | § 2-9-301(1), (2) |
| A claim against a city, county, school district, or other political subdivision | Present it to and file it with the clerk or secretary of that body | § 2-9-301(3) |
| Notice of a work injury for workers' compensation | 30 days, to your employer or its insurer | § 39-71-603(1) |
| A written workers' compensation claim | 12 months from the accident; the insurer may extend it up to 24 more months for limited reasons | § 39-71-601 |
The 3-year rule in MCA § 27-2-204 covers the ordinary injury claim: a car, truck, or motorcycle crash, or any injury caused by someone else's carelessness. The statute itself names narrow exceptions, so read it or ask if your situation is unusual. Our article on how long you have to file an injury claim explains the general rule in more depth.
When the Clock Starts
A time limit runs from when the claim accrues, which is when all of its elements exist and a court could hear it (MCA § 27-2-102). For a crash, that is normally the day you were hurt. Not knowing you had a claim does not usually delay the start. The statute does allow a later start for an injury to a person or property if the facts were by their nature concealed, or if the person who caused the injury took action that kept you from discovering it. Those are exceptions, not the rule, so plan around the earliest date that could apply.
A lawsuit is started when the complaint is filed, not when a letter is sent (MCA § 27-2-102(1)(b)). Negotiating with an adjuster, however promising, does not stop the clock.
Claims With an Extra Step First
If a government vehicle, crew, or property was involved, the first step is not a lawsuit. A claim against the State must be presented in writing to the Department of Administration, and you may not file in district court until the department has finally denied it. The department has 120 days to decide; if it does not, the claim is treated as denied, and the statute of limitations is paused for 120 days once the department receives the claim. A claim against a city, county, school district, or other political subdivision must be presented to and filed with its clerk or secretary (MCA § 2-9-301). Our page on injury claims against a city, county, or the State covers the rest.
A work injury runs on two tracks. For workers' compensation, notice of the accident must reach your employer or its insurer within 30 days (MCA § 39-71-603), and a signed written claim must be presented within 12 months, which the insurer may extend by up to 24 months for lack of knowledge of disability, a latent injury, or equitable estoppel (MCA § 39-71-601). If someone other than your employer caused the injury, you may also have a claim against them, and if you do not bring it within 1 year of the injury, the comp insurer may bring it in your name (MCA § 39-71-414(3)). See workers' comp or a third-party claim.
Reasons to Call Early That Are Not Deadlines
- Before a recorded statement. The other driver's adjuster may ask for one in the first days. What you say is kept and can be used to argue fault or to question your injuries.
- Before you sign anything. A settlement is paid in exchange for a release, and a release ends the claim, including for problems that appear later.
- While the evidence still exists. Vehicles are repaired or scrapped, security footage is overwritten, and witnesses become harder to find.
- When fault is in dispute. Your share of fault reduces what you recover, and above the other side's share it bars recovery (MCA § 27-1-702).
- When an insurer delays or denies. Our insurance claims page explains what Montana law expects of insurers.
When It Can Wait, or Go Without a Lawyer
Not every claim needs a lawyer, and not every claim needs one early. If only your car was damaged, you have 2 years and the insurers can usually sort it out. If you had a minor injury that has fully healed, your bills are paid, and the offer covers what you lost, handling it yourself is often reasonable. Our page on whether you need a lawyer for an injury claim goes through those cases honestly, along with the options in between.
Making the First Call Useful
A first conversation goes further when you have the crash report, the claim numbers, any letters from insurers, and a list of where you have been treated. Our list of what to bring to an injury consultation covers the rest. If you are comparing lawyers, read how injury lawyers charge first, and see what our clients say on our client reviews page.
Still unsure whether you need anyone at all? Go back to the start of this section: Do I need a lawyer for an injury claim?
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your situation, and the deadline for your claim depends on its facts.