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Montana
Montana Personal Injury
Accidents can take place anytime and anyone: nobody is immune from the
possibility of disaster of injury. Some of the major costs involved in personal
personal injury claims include cost of medical coverage and any money the victim
may receive for pain and suffering.
Following are some of the Statute of Limitations pertaining to various personal
injury cases in Montana, USA
Wrongful Death - For filing a Wrongful death lawsuit, the Statute of
Limitations is 3 years.
Medical Malpractice- 3 years with Discovery Rule. SOR: 5 years for foreign object in medical
cases. These rules apply to minors that are four years of age and older. In the
case of minors under four, the statute begins to run on the minor’s eighth
birthday.
Malpractice (Other Professions) - 3 years. SOR: 10 years for legal malpractice.
Products Liability - 3 years
Intentional Torts - 2 years
Municipal Liability/Sovereign Immunity - 6 months or 1 year Statute
of Limitations. Sovereign immunity is abolished. (6 months for
claims against counties which have been rejected by county commissioner.)
Discovery Rule - Statute of Limitations runs from time injury is, or
should have been, discovered.
Comparative Negligence - Depends
Disabilities - Minority (18th birthday), incompetence, or insanity allowed to a maximum of
5 years, except in case of infancy. SOL does not run during absence or
concealment of defendant.
Punitive Damages - In case defendant is found guilty, the punitive
damages can be awarded. Personal Injury Plaintiff must present clear and convincing evidence.
Useful link :
http://data.opi.state.mt.us/bills/mca/27/2/27-2-204.htm
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Major Cities : Montana
- Cascade County
- Flathead County
- Gallatin County
- Lewis and Clark County
- Missoula County
- Yellowstone County
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- Billings
- Bozeman
- Great Falls
- Helena
- Kalispell
- Missoula
- Whitefish
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Montana Legal Law Resources
Constitution and Legislation:
Judicial Opinions:
Regulations and Other Agency Material:
Additional Collections of State Legal Resources:
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