When a car accident happens, focusing on anything besides your immediate needs is challenging. There may be injuries, vehicle damage that requires repair, and emotional distress to wade through. But somewhere in the weeks or months following the incident, when the smoke has cleared, and you’ve addressed the most pressing needs, you may have questions about your legal options.
“How long do I have to file a lawsuit after an accident?”
“Have I waited too long, even if I wasn’t at fault?”
In Montana, we can find the answers to these queries in the state’s statute of limitations. These laws set a strict timeframe for pursuing legal action. However, even if you’ve waited to seek compensation, it doesn’t mean all hope is lost. Let’s look at how long after an accident you must file a claim in Montana, the factors that impact a car accident case, and how the proper legal representation makes all the difference.
How Long After an Accident Can You Sue Someone After a Car Accident?
In most cases, Montana law allows an injured person three years from the accident date to file a lawsuit against the at-fault party for the injuries and losses they suffered from the crash. You must meet this deadline to avoid losing your right to seek compensation. However, it’s important to remember this rule does not apply in every case. There are several exceptions and nuances that can affect this timeframe. An exception may exist in cases where injuries are sustained by people who are not mentally competent. Your Montana car accident lawyer can advise you on which deadlines apply in your case.
Factors That Affect How Long You Have to Sue After a Car Accident
A few key factors could impact the amount of time you have to file a lawsuit after a car accident in Montana.
- Type of claim – In most car accident cases, the standard statute of limitations is three years from the accident date. However, in car accidents that result in wrongful death, the clock starts ticking from the date of death, not the date of the accident.
- Cases involving minors – If the accident you experienced caused injury to a minor, the statute of limitations may not begin to count down until the minor reaches the age of 18.
- Cases involving government entities – If your injury or wrongful death claim involves a government entity like a city or county, there may be specific notice requirements and much shorter deadlines.
- Discovery of harm – In some cases, the injury or its full extent on your pain and suffering might not be immediately apparent. Montana law accounts for these delayed injuries by providing flexibility. In other words, if you didn’t discover the full severity of an injury until sometime after the accident, there may be a chance to extend that deadline.
These and many other factors impacting the time limits around filing a claim in a personal injury case are precisely why contacting an experienced car accident attorney in Montana is so essential. An attorney can assess your situation, identify the relevant factors affecting the statute of limitations, and help you pursue the compensation you need to protect your rights.
Why Acting Quickly is Essential
The three-year period allowed by the statute of limitations might seem like a generous amount of time, especially when considering the additional state allowances for extending it. However, there are many reasons why contacting an experienced attorney quickly after a car accident is crucial.
- Over time, crucial evidence like witness memories, vehicle damage, and road conditions can deteriorate or become unavailable.
- Insurance companies often have their internal deadlines for processing claims. Delaying your legal action can complicate your ability to recover fair compensation.
- Insurers may also attempt to confuse you by offering a lowball settlement before you consult with an attorney. You can’t change your mind once you accept a settlement, even if injuries worsen.
- Building a solid case requires thorough investigation, which takes time. Investigations include gathering photographic evidence, interviewing witnesses, and consulting with experts.
Don’t risk losing your right to seek compensation. If a car accident results in injury for you or a loved one, contact the experienced attorneys at Travis, Moore & Brann PLLP today. We can help you understand your legal options, protect your rights, and fight for the compensation you deserve. Call Travis, Moore & Brann PLLP at (406) 752-7550 or contact us online for your free consultation. We can explore all the potential avenues for recovering the money you need to cover your expenses and get your life back on track.
