A car crash turns your life upside down in seconds, and what you do next can help or hurt your chances to seek compensation. Many Montana residents assume that they have one generic time window to deal with insurance and the courts.
However, the state has separate deadlines for the types of damage you suffered. Missing them means risking the possible dismissal of your case. Being aware of important due dates can be crucial for your physical and financial recovery.
The deadline for personal injury claims
In Montana, you typically have a three-year window from the date of the accident to file a lawsuit for your physical injuries. You can pursue the following damages:
- Medical bills
- Rehabilitation costs
- Lost wages
- Pain and suffering
If you tragically died as a result of the accident, the executor (can be your surviving family) has three years from your death date to initiate a wrongful death claim.
The deadline for property damage cases
Many drivers think property damage claims and personal injury claims have the same deadline. However, you only have two years from the date of the crash to file a property damage claim in Montana.
You may be able to get compensation for the vehicle repairs, the replacement of a totaled car and damaged personal property inside the car. Waiting until the third year to sue for your injuries means you are already too late to recover money for your wrecked vehicle.
Why waiting can be detrimental
Delaying action can undermine your case because critical evidence may be lost. This can make it more difficult to establish what occurred during the accident. Video footage may be overwritten, skid marks may fade and witnesses may become difficult to locate over time. Acting promptly ensures that you meet important deadlines while preserving valuable proof.
Avoiding the dual-deadline trap
When pursuing compensation for your injuries and car damage after an accident, taking swift action can give you legal leverage. A lawyer can help you prepare the requirements on time while you focus on regaining your stability.