Montana Personal Injury Law Resources

Montana is an at-fault state with a three-year statute of limitations, modified comparative fault with a 51% bar, and no caps on compensatory damages in general personal injury cases. The state caps non-economic damages only in medical malpractice at $250,000 (the lowest med mal cap in the nation, and not adjusted for inflation). Montana's auto insurance minimums are 25/50/20 notably, the property damage minimum is only $20,000, among the lowest in the country. PIP and UM/UIM are not required.

Statute of Limitations

General Personal Injury THREE Years

Montana provides a three-year statute of limitations for most personal injury claims under Mont. Code § 27-2-204(1). This applies to motor vehicle accidents, premises liability, product liability, and general negligence.

Specific Deadlines

Wrongful death: Three years from the date of death. If death results from homicide, the deadline extends to 10 years.

Medical malpractice: Two years from discovery of the injury, with a five-year statute of repose from the date of the act or omission. Claims must first be submitted to the Montana Medical Legal Panel before a lawsuit can be filed.

Property damage: Two years (shorter than the general PI deadline).

Intentional torts (assault, battery, false imprisonment): Two years.

Government Claims

There is no special shortened statute of limitations for most government claims under Mont. Code § 2-9-302. However, claims against a county must be filed within six months after the county commission rejects the notice of claim. Written notice requirements apply.

Tolling

The statute is tolled for minors (until age 18, then the standard period runs) and for mental incapacity (up to 2 years from competency, but not more than 5 years from injury). The discovery rule applies when injuries were not immediately apparent.

Modified Comparative Fault (51% Bar)

Montana follows a modified comparative fault rule. A plaintiff who is 51% or more at fault is completely barred from recovery. If the plaintiff is 50% or less at fault, damages are reduced by their percentage of fault.

Montana also applies a modified form of joint and several liability a defendant who is more than 50% at fault is jointly and severally liable, while a defendant who is 50% or less at fault is only severally liable (pays only their share).

Damage Caps

No General Personal Injury Caps

Montana imposes no caps on economic or non-economic damages in general personal injury cases. There is no limit on medical expenses, lost wages, pain and suffering, or other compensatory damages in auto accident, premises liability, product liability, or wrongful death cases.

Medical Malpractice $250,000 Non-Economic Cap

Non-economic damages in medical malpractice cases are capped at $250,000 per patient, per incident under Mont. Code § 25-9-411. This is the lowest med mal non-economic cap in the nation and is not adjusted for inflation. Economic damages (medical bills, lost wages) are not capped.

Punitive Damages

Punitive damages are capped at the lesser of $10,000,000 or 3% of the defendant's net worth under Mont. Code § 27-1-220. Punitive damages require proof of actual fraud or malice.

Government Liability $750,000 / $1,500,000

Under Mont. Code § 2-9-108, government liability is capped at $750,000 per claim and $1,500,000 per occurrence. No punitive damages are available against the government.

Auto Insurance Requirements

Montana is an at-fault (tort) state.

Liability Minimums 25/50/20

• $25,000 per person for bodily injury
• $50,000 per accident for bodily injury
• $20,000 per accident for property damage

The $20,000 property damage minimum is among the lowest in the nation.

No PIP or UM/UIM Required

Montana does not require Personal Injury Protection (PIP) or Uninsured/Underinsured Motorist (UM/UIM) coverage, though both are available as optional coverages.

Where Personal Injury Cases Are Filed

Personal injury lawsuits in Montana are filed in District Court, the state's trial court of general jurisdiction. Montana has 22 judicial districts covering 56 counties. Justice Court handles smaller civil matters up to $12,000. Small Claims Court handles cases up to $7,000.

Yellowstone County (Billings), Missoula County, Cascade County (Great Falls), Gallatin County (Bozeman), and Lewis and Clark County (Helena) handle the highest volume of personal injury litigation.

Common Types of Personal Injury Cases in Montana

Montana's vast rural landscape, extreme weather, outdoor recreation culture, mining and energy industries, and extensive highway system generate diverse personal injury litigation. Common case types include motor vehicle accidents (particularly on I-90, I-15, US 93, and US 2), commercial truck accidents, wildlife-vehicle collisions (deer and elk strikes are extremely common), premises liability, medical malpractice, product liability, wrongful death, construction and mining accidents, oilfield injuries (Bakken formation activity), railroad accidents (BNSF is a major Montana employer), agricultural equipment injuries, recreational accidents (skiing, snowmobiling, hunting, boating), dog bites (Montana imposes strict liability under Mont. Code § 27-1-715), nursing home abuse, and DUI-related injury claims.

This page provides general legal information about Montana personal injury law and is not a substitute for professional legal advice. If you have been injured, consult with a qualified personal injury attorney licensed in Montana to discuss the specific facts of your case.