Montana Statutes of Limitations (Filing Deadlines) for Civil Abuse Lawsuits

Finding the courage to come forward and disclose sexual abuse is hard enough… the law shouldn’t make it harder. If you’re a survivor of sexual abuse in Montana, this guide explains the Montana statutes of limitations and filing deadlines in clear, practical terms.

We cover timelines for childhood and adult survivors, how Montana’s 2019 “lookback” window worked (and why it’s now closed), what the discovery rule means, and special rules that apply when a government entity (like a public school) may be responsible.

Childhood sexual abuse: Montana allows a survivor to sue the perpetrator or responsible institutions until age 27 or within 3 years of discovering that the abuse caused injury—whichever gives more time.
Adult sexual abuse (survivor was 18+ years old when the abuse occurred): Civil claims based on assault or battery generally have a 2-year deadline; related negligence and other personal-injury theories generally have a 3-year deadline under § 27-2-204.
2019 revival (“lookback”) window: Montana briefly reopened certain expired child abuse claims for one year starting May 7, 2019. This law applied conditions, such as an admission from or conviction of the perpetrator or proof that the institution “knew or should have known” about the abuse. That window expired in May 2020.
Discovery rule/accrual: Montana recognizes accrual rules that can tie the clock to when a claim reasonably could be discovered. The child abuse statute expressly includes a discovery option and general accrual rules. Application to adult cases is fact-specific.
Claims involving public entities: If a state agency, public school, or other government body may be liable, you must first present a written claim to the state (or political subdivision). This step tolls the statute of limitations for 120 days, but you cannot sue until the claim is denied or the 120 days run. Damages against government entities are capped.

Who Can I Sue in a Civil Abuse Case?

Survivors of sexual abuse can file civil suits against:

Perpetrators for intentional torts like battery and assault.
Institutions whose negligence enabled the abuse, for example, under theories of negligent hiring or supervision, failure to report the abuse, or failure to protect the survivor. Institutions may include schools, youth organizations, employers, or churches.

Montana’s child-abuse statute applies to a broad set of criminally defined sexual offenses against a person under age 18, including sexual assault offenses and certain exploitation or trafficking-related crimes. You don’t need to secure a criminal conviction to bring a civil case.

What are Montana’s Filing Deadlines for Childhood Sexual Abuse?

The core rule (current law)

Under § 27-2-216, a survivor who was abused before age 18 may file a civil lawsuit:

Up to age 27, or
Within 3 years of discovering (or when they should have discovered) that the abuse caused injury—
Whichever gives more time in your circumstances.

This timing applies to suits against both individual perpetrators and, with parallel language, entities that owed a duty of care (for example, a school, youth program, or church) if an employee or agent’s wrongful or negligent act legally caused the abuse.

Why it’s written this way: Lawmakers recognized that many child survivors don’t connect their injuries (including PTSD, depression, addiction, relational or employment impacts) to the abuse until years later. The statute builds in a discovery path so the clock can start when that causal connection becomes reasonably clear.

The 2019 revival (“lookback”) window—now closed

In 2019, Montana opened a one-year revival window (beginning May 7, 2019) that allowed certain already-expired child-abuse claims to be filed.

For claims against perpetrators, the abuser had to be alive, and there had to be an admission (written/recorded or under oath) or a conviction for the abuse of the plaintiff.
For claims against entities, a court could revive the case if the entity knew or should have known of an employee/agent’s unlawful sexual conduct and failed to take reasonable steps to prevent it.
The revival provisions had a strict one-year filing period and are no longer open.

Bottom line: If your abuse occurred in childhood and your claim was not already expired—or you remain within the age-27/3-year-discovery path—you can still bring a case. If you think your claim expired long ago, talk to an attorney; other legal doctrines may affect timing, but the 2019 revival door itself has closed.

Filing Deadlines for Adult Sexual Abuse (occurring at age 18+)

Montana doesn’t have a separate, standalone civil statute for adult sexual assault. Instead, timing depends on the legal theory alleged:

Assault/Battery (intentional torts): 2 years.
Negligence / negligent security / negligent hiring, retention, supervision / other personal-injury theories not on a written contract: typically 3 years.

When does the filing deadline clock start?

Montana’s general accrual statute, § 27-2-102, says a claim accrues when all elements exist and the right to sue is complete. Courts apply “discovery rule” concepts in some contexts—particularly when wrongdoing was concealed or the injury wasn’t reasonably discoverable at first—but this is case-specific.

Don’t assume the clock hasn’t started or that you’re out of time. Talk to an experienced abuse lawyer quickly if the assault occurred more than a year or two ago.

Claims Against Institutions: Private vs. Public

Private institutions (churches, camps, youth organizations, private schools)

These cases usually follow the child timelines in § 27-2-216 (age 27 or 3 years from discovery) if the abuse occurred when you were under 18, or the adult timelines in § 27-2-204 (2 or 3 years) if the assault occurred at 18 or older. Your attorney can typically plead both intentional and negligence theories to preserve options within the applicable limits.

Public entities (state agencies, public schools, municipalities)

Extra steps apply under Montana’s government-claims framework:

You must present a written claim to the Department of Administration (for state claims) or to the political subdivision’s clerk/secretary (for local claims) before you file suit.
The agency has 120 days to grant or deny your claim. If it doesn’t act, the claim is deemed denied after 120 days. Your statute of limitations is tolled (paused) during that 120-day period. If your claim is denied, you can file a lawsuit within the deadline.
Government entities are subject to damage caps (currently $750,000 per claim / $1.5 million per occurrence).

Why this matters: Even when the underlying limitations period is generous (for example, a child abuse claim against a public school), missing the written claim step can delay or jeopardize your case. Talk to counsel early so both the substantive deadline and the administrative steps are met.

How the Discovery Rule Works in Practice

Childhood cases: The statute itself gives you two routes—to age 27 or 3 years from discovery of the causal link between abuse and injury—whichever gives more time. This is usually straightforward to apply once your therapist or medical provider connects symptoms to the abuse, or you otherwise reasonably discover the connection.

Adult cases: Montana’s accrual statute defines when the clock starts. Courts can apply discovery principles where the injury or its cause was not reasonably knowable, but these arguments are fact-intensive and are not guaranteed. The safer course is to act as soon as you can.

Examples of Potential Scenarios

To help illustrate how these complicated rules may impact an abuse survivor, we’ve created these general examples. For specific legal advice about your unique circumstance, talk to a dedicated abuse lawyer near you.

“I was abused at 15 in a church youth group; I started therapy at 29 and only then connected my symptoms to the abuse.”
You may still file within 3 years from discovery of the causal link, even though you’re older than 27, because the child-abuse statute offers both paths. Evidence from therapy and medical records can be key.
“The assault happened in my apartment building when I was 20 because the landlord ignored broken locks.”
You likely have 2 years to file against the assailant (battery/assault) and potentially 3 years against the landlord/property manager for negligence (negligent security). The clock generally starts when the assault occurred, unless a discovery or tolling doctrine applies.
“I was abused in a public school.”
In addition to the child abuse timing under § 27-2-216, you must present a claim to the appropriate government body before filing suit, and the damages cap will apply. A skilled lawyer can handle the claim presentation and track the 120-day tolling period.

What Changed in 2019—and What Didn’t

Extended deadlines for child survivors: Montana moved from earlier, shorter deadlines to the current age-27/3-year-discovery framework for both perpetrators and entities.
One-year revival window (May 7, 2019 → May 7, 2020): Opened certain expired claims when the abuser had an admission/conviction, or when an entity knew or should have known and failed to act. That window is closed.
Criminal law changes (separate from civil): Montana also changed rules for criminal prosecution timelines in 2019, but those are separate from your civil rights.

FAQs About Montana Abuse Cases

Does my abuser have to receive a criminal conviction before I can sue?

No. Civil and criminal cases are separate. You can file a civil case without any criminal charges or conviction. (A conviction can help prove facts, but it’s not required.)

What if the abuser is deceased?

You may still have legal claims to pursue, especially against institutions that enabled the abuse. Timing and proof issues become more complex, so gather any records (journals, therapy notes, emails) and get a legal consultation promptly.

I reported the abuse to a public school years ago. Does that satisfy the “present a claim” requirement?

No. Reporting abuse is not the same as presenting a civil claim under Montana’s government-claims process. Your attorney must send a formal written claim to the correct government office before filing suit. This step also tolls the statute for 120 days while the agency reviews it.

Can I recover therapy costs even if the abuse happened long ago?

Yes, civil cases can seek therapy and medical costs, lost wages, and pain and suffering related to the abuse. Timing depends on whether your claim fits within the current child-abuse timelines, adult deadlines, and (for public entities) presentment rules.

What if I signed a confidentiality agreement or release years back?

A prior settlement or release may limit claims, but the effect depends on the document and circumstances, for example, whether it covered the same parties or claims. Bring any paperwork to your free consultation so an attorney can evaluate your options.

What to Do Next, and How the Team at File Abuse Lawsuit Can Help

You deserve to partner with a trauma-informed legal team that listens first and acts fast to protect your rights.

Call now for a free, confidential consultation

Call (209) 283-2205 to speak with a dedicated abuse advocate at File Abuse Lawsuit.
We’ll calculate your timeline, identify all potential defendants (including institutions), and determine which deadlines apply to your situation.

Why survivors choose us

Survivor-centered advocacy: Your privacy, safety, and control lead every decision.
Montana-specific strategy: We stay current on Montana’s civil deadlines and government-claims requirements, including the nuances of accrual and discovery.

Institutional accountability: We pursue claims against abusers and enabling organizations—public or private—and manage the different procedures and timelines each requires.

You do not have to navigate the complicated legal system alone. Call (209) 283-2205 for a no-pressure review and to learn about the next available steps.