A statute of limitations is a law that limits the amount of time a person is granted to legally file an accident claim. Each state has its own statute of limitations, and it varies from crime to crime. In Montana, anyone who gets into a car accident and suffers injuries has three years from the date of the accident to request a civil injury or any form of remedy to help them recover from their injury.
Anyone involved in an accident, whether it be a bicyclist, a pedestrian, or a driver, has the right to file a lawsuit against the negligent party as long as it is within three years of the date of the accident. If three years pass and a person decides to file their claim, their case will almost automatically be refused as the legal time limit has already expired.
If a person wants to file a claim for property damage that occurred due to the accident, and they are not interested in filing a personal injury lawsuit, they only have up to two years after the date of the accident to make their claim in order for it to be legally eligible.
What happens if someone dies during the accident?
If a loved one was killed during the accident a person will be allowed to file a wrongful death claim. Once again, in Montana, they have up to three years to file this claim. However, the only difference is the start date does not start from the date of the accident, but it starts from the date of the victim’s death.
A person should get in touch with an accident attorney in Alberton, Montana if they suffered any form of loss during the collision. If their loved one was the breadwinner of the family or if they were highly dependent on them for other reasons, they will be entitled to receive more compensation to help make up for the loss. A lawyer who specializes in dealing with accident cases can help a person take the correct legal steps from the start so their compensation is not delayed and so they are not taken advantage of by the insurance company.
What if I was partially at fault for the accident?
Montana follows the modified comparative negligence ruling under Montana Code section 27-1-702. This means that if a person was partially responsible for an accident, they can still receive compensation, but their compensation will reduce based on how much of the accident was their own fault. Also, if the driver’s fault was more than the other driver’s fault, they will not be allowed to receive any compensation.
An accident attorney can help a person prove they were not negligent, or that they had a smaller role to play in the accident so their chances to receive more compensation are increased.