Issue link: https://www.e-digitaleditions.com/i/1507551
We all know we have rights. e inalienable rights to life, liberty, and the pursuit of happiness. e constitutional rights to have free speech and religion. Suppose you have been injured due to someone else's negligence. In that case, you also have a legal right to make a claim to obtain compensation for damages, such as medical expenses, lost earnings, and physical and emotional pain and suffering. Unfortunately, legal rights to make a claim or file a lawsuit do not generally last forever. ose rights expire due to laws that set time limits, called statutes of limitation. If a person does not pursue a claim within the statute of limitations window, the right expires, except under very limited circumstances. Under Montana law, a typical negligence claim for injury, such as from a car wreck, has a three-year time limit. at three-year deadline seems well known but creates a trap for people in specialized cases like medical malpractice. Medical malpractice cases are also negligence cases but have a shorter time limit of two years. Even aorneys who do not specialize in medical malpractice do not always know that. Moreover, there are special rules that apply. By law, a lawsuit can only be filed in Montana against a medical provider for malpractice once the injured patient submits the claim to the Montana Medical Legal Panel (MMLP). Conversely, claims under your insurance policies are contract claims, even for injuries. ose, such as claims for uninsured motorist damages, have an eight-year statute of limitations. e issue gets more confusing in other special circumstances. For example, to make a claim against the United States government, the injured person must file an administrative claim under the Federal Tort Claims Act (FTCA) within two years. e federal government is very active, with many personnel in Montana, so such claims frequently arise. An injury claim against a bar, such as for serving a minor whose intoxication leads to an accident, need not be filed right away. But, by Montana statute, the case is only valid if wrien notice of intent to make a claim was given to the bar within 180 days. Other specialized claims, like those under the Americans With Disabilities Act, may need to go through a federal agency and be started within six months. e main thing to remember is that virtually all cases for money damages have a time limit. If you have been injured and believe you have a case, make sure you pursue your rights in a timely manner. e sooner you act, or at least get some advice and information, the beer. An aorney might advise waiting on a case to get more information, let you heal, etc., when the calendar allows that luxury. However, nothing can turn back the clock once you let that time run out. TEXT BY ROLAND DUROCHER BACK TO BUSINESS Roland Durocher has practiced law since 1994. His practice focuses solely on helping people injured in accidents or by malpractice with insurance claims and litigation. S MT Do You Know Your Rights Can Expire? SIGNATURE MONTANA | 95