Montana Personal Injury Laws
Montana follows a modified comparative fault system with a 51% bar and imposes no statutory cap on non-economic damages in personal injury or medical malpractice cases. The state's sparse population and rural courts tend to produce more moderate verdicts. Montana has a 3-year statute of limitations for most personal injury claims.
Statute of Limitations
3 years
Fault Rule
Modified Comparative Fault (50% Bar)
Non-Economic Damages Cap
No Cap
Fault Rule: Modified Comparative Fault (50% Bar)
You can recover damages only if you are less than 50% at fault. Your award is reduced by your percentage of fault.
Average Settlement Amounts in Montana
Settlement amounts vary based on injury severity, liability, and other factors. Below are estimated average settlements for common injury types in Montana.
| Injury Type | Average Settlement |
|---|---|
| Car Accident | $19,000 |
| Slip and Fall | $15,000 |
| Dog Bite | $28,000 |
Key Montana Personal Injury Statutes
- •Mont. Code Ann. § 27-2-204 (statute of limitations)
- •Mont. Code Ann. § 27-1-702 (modified comparative fault, 51% bar)
- •Mont. Code Ann. § 27-1-317 (punitive damages)
Damage Caps in Montana
Montana does not impose a general cap on non-economic damages in personal injury cases. This means there is no statutory limit on pain and suffering awards in most cases.
Montana does not have a specific medical malpractice damages cap.
Injury Claims in Montana
Learn more about specific injury types and how Montana law applies to each.
Major Cities in Montana
Personal injury attorneys in Montana serve clients in Billings, Missoula, Great Falls, Bozeman, Butte, and surrounding areas. If you have been injured in any of these cities, the same state laws described above apply to your claim.
This information is for educational purposes only and is not legal advice. Consult a licensed personal injury attorney in your state.