Timing to File an Asbestos-Related Lawsuit in Montana

Almost 1300 residents from Libby, Montana have been diagnosed or died from mesothelioma and other asbestos related diseases due to the high exposure rates from the W. R. Grace vermiculite mines.  If you or someone you know has been diagnosed with mesothelioma, asbestosis or lung cancer due to working or living around asbestos or asbestos-containing products, you may be able to receive compensation for your injury through a personal injury lawsuit.  However, asbestos-related lawsuits have statute of limitations, meaning they must be filed within a certain time.  Each state has its own statute of limitations, and if they have expired, your asbestos-related lawsuit may be. 

The Montana statute of limitations is longer than most others and is set as three years from the date the cause of action accrued.  Mont. Code Anno., § 27-2-204 (2010).  Montana follows the “discovery rule,” so the cause of action does not accrue until the plaintiff knew or should have known that he or she had an asbestos-related disease and knew or should have known that the disease was caused by exposure to asbestos or asbestos-containing products.  Gomez v. State ( Mont. 1999) 1999 MT 67. 

If the individual diagnosed with the asbestos-related disease passes away due to that asbestos-related disease, the statute of limitations is three years from the date of death.  Mont. Code Anno., § 27-2-204 (2010).  Although a majority of states require a showing that the plaintiff knew or should have known a particular defendant’s identity for the statute of limitations to run as to that defendant, it does not appear that Montana follows this rule. 

Because the statute of limitations is relatively short, it is strongly urged that a person diagnosed with an asbestos-related disease or an heir if that person has passed away contact an attorney as soon as possible to determine if an asbestos-related lawsuit is appropriate.  Clapper, Patti, Schweizer & Mason have obtained hundreds of millions of dollars in jury awards and settlements for our clients.  We have successfully brought asbestos-related lawsuits for close to 30 years.  Please contact the lawyers at Clapper, Patti, Schweizer & Mason for a free case evaluation.