How long do I have to file a personal injury claim in Montana?

In Montana, the statute of limitations for most personal injury claims is 3 years. You must file your lawsuit within 3 years of the date of injury. Missing this deadline typically bars you from recovering any compensation.

Are there damage caps in Montana personal injury cases?

In Montana: No cap on compensatory damages. These caps may affect how much you can recover, particularly for non-economic damages like pain and suffering.

What is the average personal injury settlement in Montana?

Average personal injury settlements in Montana range from approximately $45,000–$185,000 depending on injury type, liability, insurance coverage, and other case-specific factors.

Montana Personal Injury Law — Statute of Limitations, Fault Rules & More

Q: What is the fault system in Montana?

Montana uses Modified comparative fault (51% bar). Your compensation is reduced by your percentage of fault in causing the accident.

3 years Filing deadline

51% bar Fault system

$45,000 Avg settlement (low)

5 Common case types

Overview of Personal Injury Law in Montana

Montana uses a modified comparative fault system with a 51% threshold and no cap on compensatory damages. The state has a 3-year statute of limitations and is known for significant verdicts in trucking accident and industrial injury cases.

This guide covers the most important rules for personal injury claims in Montana, including the statute of limitations, comparative fault rules, damages caps, and common case types. Laws can change — always verify with a licensed Montana attorney for your specific situation.

Key Montana Personal Injury Statutes

Mont. Code § 27-2-204 (SOL)

Mont. Code § 27-1-702 (comparative fault)

Mont. Code § 27-1-513 (wrongful death)

Most Common Personal Injury Cases in Montana

Car Accidents

Trucking Accidents

Workplace Injury

Slip & Fall

Agricultural Accidents

Montana Damages Caps & Average Settlements

Damages Rule No cap on compensatory damages

Average Settlement $45,000–$185,000

Fault System Modified comparative fault (51% bar)

Settlement amounts vary significantly based on injury severity, liability clarity, insurance policy limits, and jurisdiction within Montana.

Frequently Asked Questions — Montana Injury Law

How long do I have to file a claim in Montana?

In Montana, you generally have 3 years to file a personal injury lawsuit from the date of injury. Key statute: Mont. Code § 27-2-204.

Exceptions may apply for minors, government entity cases, or when the injury was not immediately discovered. Consult a Montana attorney to confirm your deadline.

What is Montana's fault system?

Montana uses Modified comparative fault (51% bar). Your compensation is reduced by your percentage of fault. If you are 51% or more at fault, you cannot recover anything.

Are there damage caps in Montana?

Montana damage rules: No cap on compensatory damages. These limits can significantly affect cases involving pain and suffering and other non-economic losses. Economic damages like medical bills and lost wages are typically not capped.

What is the average settlement in Montana?

Personal injury settlements in Montana average approximately $45,000–$185,000. Catastrophic injuries, wrongful death, and medical malpractice cases typically settle for significantly higher amounts.

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Injured in Montana? Get Help Now.

Personal injury laws in Montana can be complex and deadlines are strict. A qualified Montana personal injury attorney can evaluate your case for free — with no upfront costs.

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⚠ Disclaimer: This page is for informational purposes only. Laws change and specifics vary by case. Always consult a licensed Montana attorney for legal advice.