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When it comes to how much time you have to file a lawsuit after an event, this can depend on what we call a statute of limitations. A statute of limitations is a law set by a legislative body that determines the maximum amount of time parties in a dispute have to initiate legal proceedings. Basically, if you feel an unlawful act has harmed you, you typically have a finite amount of time to take legal action and seek justice. Statutes of limitations vary by state and type of case, so it’s important to understand your local laws if you’re considering legal action to make sure you’re within the statute of limitations.
Within each state, the statute varies depending on the kind of infringement committed. According to Montana’s state code, Montana’s time limit for filing civil cases, such as a personal injury case, is two to three years depending on the nature of the personal injury case. If you don’t file your personal injury suit within the prescribed period, the court may refuse to hear your case.
Unfortunately, if your claim falls outside the statute of limitations, it will be difficult or impossible to file a lawsuit for your injury. If you file a suit beyond the deadline, the defendant’s defense team will make a motion to have the case thrown out on the basis that the statute of limitations has passed. If a judge rules in agreement with this motion, that’s it for your case.
Our best advice? Don’t wait until it’s too late. If you have questions about a personal injury case and wonder about the statute of limitations concerning your specific issue, please reach out to us. Our team of experienced attorneys at Cok Kinzler is ready and willing to help you seek justice.