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Montana · NEC baby formula claims: what parents can do

NEC baby formula claims: what parents can do in Montana

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Filing deadlineAge 21 for surviving minor's personal injury claim; 3 years from death for wrongful deathMont. Code Ann. § 27-2-204

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in Montana?

Montana personal injury SOL: 3 years (Mont. Code Ann. § 27-2-204). Minor tolling: SOL tolled until age 18, then 3-year SOL runs — child's claim expires at age 21 (§ 27-2-401). Wrongful death: 3 years from date of death (§ 27-2-204). A lawyer can confirm yours.

Age 21 for surviving minor's personal injury claim; 3 years from death for wrongful death

Montana follows pure comparative negligence. Discovery rule applies.

Source: Mont. Code Ann. § 27-2-204

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

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A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

Montana's 3-year personal injury SOL is tolled for minors until age 18 — surviving NEC children have until age 21 to file. Montana has a sparse NICU network; Benefis Health System in Great Falls and St. Patrick Hospital in Missoula serve most premature infants. Montana families often travel to Seattle or Denver for advanced NICU care.

Medical facilities in Montana

  • Billings Clinic — NICU (Level III)

  • St. Patrick Hospital — NICU

How this works nationally

For the overall process and updates, read the NEC baby formula claims: what parents can do overview. This page covers the local information available for Montana.

What happens when I check?

You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

Live in Montana? Read what applies in your state.

Register your interest. If a participating law firm takes these cases, it may contact you.

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Sources

  1. Mont. Code Ann. § 27-2-204