How Long to Sue
MCA 27-2-204 — 3 years for most injuries, 2 for property damage and defamation, and 6 for a written contract
| Claim | Filed within |
|---|---|
| ClaimA contract in writing | Filed within6 years |
| ClaimA contract or promise not in writing | Filed within5 years |
| ClaimPersonal injury and most other claims not in writing | Filed within3 years |
| ClaimWrongful death | Filed within3 years, or 10 years for a homicide |
| ClaimLibel, slander, assault, battery or false imprisonment | Filed within2 years |
| ClaimDamage to or taking of property | Filed within2 years |
Who handles this in Montana: legal aid programs, lawyer referral and the state offices, listed in the Montana directory.
A claim against a doctor, nurse, hospital or other health care provider is brought within 2 years of the injury or its discovery, whichever is later, and never more than 5 years after the injury.
Sources for this section (4)
- MCA 27-2-202 — Actions based on contract or other obligation
- MCA 27-2-204 — Tort actions -- general and personal injury
- MCA 27-2-205 — Actions for medical malpractice
- MCA 27-2-207 — Injuries involving property
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.