Montana applies modified-51 comparative fault with a medical-malpractice non-economic damages cap of $350,000 from 1 January 2026, rising each year to $500,000 in 2029.
Montana operates modified-51 comparative negligence with a cap on medical-malpractice non-economic damages of $350,000 from 1 January 2026, then $400,000 in 2027, $450,000 in 2028 and $500,000 in 2029. The PI statute of limitations is three years.
Mont. Code Ann. § 27-2-204
Modified comparative, recovery barred at 51% claimant fault.
Caps and ceilings imposed by Montana law that bear on settlement values.
Mont. Code Ann. § 25-9-411
The handful of details that distinguish this jurisdiction from its neighbours.
Reported decisions, the limitation clock, and how fault is apportioned for each injury type under Montana law.
Reported Montana decisions for each injury type, each with a link to the judgment and to the full injury guide.
On June 18, 2018, in Malta, Cheryl Voegel slowed for a child waiting to cross the street and a 17 year old in an F-150 ran into her Jeep.
whiplash in Montana →On September 30, 2011, George rear ended O’Connor while she was stopped at a railroad crossing in Helena, and admitted liability but disputed the injuries.
whiplash in Montana →On February 16, 2010, Austin Luckett slid on an extremely icy road in dense fog into a controlled intersection on Highway 87/89 and struck Scott Reis’s car.
back & spine in Montana →In December 1991 Murphy suffered back, neck and shoulder injuries at the Smurfit-Stone mill in Frenchtown.
back & spine in Montana →On December 21, 2009, a school bus behind Peterson-Tuell pulled forward at a green light in Billings and pushed her car into the one ahead.
head & brain in Montana →On June 25, 2021, Taylor Steinmetz pulled out of the Goodwill lot on Simmental Way in Bozeman past a line of stopped cars, and Zachary Murray’s motorcycle hit her.
head & brain in Montana →At about 7:40 a.m. on February 28, 2014, during a snowstorm, Nolan slipped on the sidewalk walking into Billings Clinic and fractured her hip.
fracture in Montana →In August 2022 Gerard Girasole, on vacation at the Paws Up resort, went on a guided horseback ride after signing an assumption of risk agreement.
fracture in Montana →In December 2006 a podiatrist aspirated bloody fluid from a mass on Bushong’s right foot, called it a benign ganglion cyst and did not biopsy it.
medical negligence in Montana →Wilson twisted her knee at work in October 2007.
medical negligence in Montana →On November 8, 2018, on icy County Road 350 in Richland County, a truck slid into Tristin Fahrnow’s work pickup.
workplace in Montana →Nick Newlon mined for Teck’s predecessor from 1972 until the mine closed in 1993 and injured his left knee several times, with surgeries in the 1990s.
workplace in Montana →Statutes and rulings that come up again and again in Montana injury claims, each with its source.
| Insurance references | A verdict should not be thrown out for statements that never used the word insurance and caused no shown prejudice.Voegel v. Salsbery (Mont. 2023) |
|---|---|
| Fault rule | Contributory negligence does not bar recovery “if the contributory negligence was not greater than the negligence of the person or the combined negligence of all persons against whom recovery is sought”; damages are reduced by your share.Mont. Code Ann. § 27-1-702 |
| Seat belt use | Evidence of wearing or not wearing a belt “is not admissible in any civil action for personal injury,” and not wearing one is not negligence.Mont. Code Ann. § 61-13-106 |
| New trial | A trial judge may order a new trial when the verdict is not supported by the evidence, and the Supreme Court will uphold it absent an abuse of discretion.Reis v. Luckett (Mont. 2015) |
| Old injuries in comp | Which law applies to a 1991 injury matters; the court sent Murphy’s claim back after the insurer rejected his chiropractor’s restrictions.Murphy v. WestRock (Mont. 2018) |
| Deadline to sue | An action on a liability not founded on a written instrument must be commenced “within 3 years.”Mont. Code Ann. § 27-2-204(1) |
| Offers of judgment | A defendant can make an offer of judgment before trial; Peterson-Tuell’s $65,000 verdict came in below the $95,000 offered.Peterson-Tuell v. First Student (Mont. 2014) |
| Greater fault bars recovery | A rider found 65 percent at fault against a driver at 35 percent recovers nothing under Montana’s rule.Murray v. Steinmetz (Mont. 2026) |
How Montana compares with its neighbours in the West on fault rule and limitation period.
| Jurisdiction | Fault rule | Limitation |
|---|---|---|
| Montana | Modified comparative, 51% bar | 3 years from date of injury |
| Alaska (AK) | Pure comparative negligence | 2 years from date of injury or discovery |
| California (CA) | Pure comparative negligence | 2 years for personal injury; 1 year for medical malpractice (with 3-year repose) |
| Colorado (CO) | Modified comparative, 50% bar | 2 years for personal injury; 3 years for motor vehicle |
| Hawaii (HI) | Modified comparative, 51% bar | 2 years from date of injury |
| Idaho (ID) | Modified comparative, 50% bar | 2 years from date of injury |
| Nevada (NV) | Modified comparative, 51% bar | 2 years for personal injury; 3 years for medical malpractice |
| Oregon (OR) | Modified comparative, 51% bar | 2 years from date of injury |
| Utah (UT) | Modified comparative, 50% bar | 4 years for personal injury; 2 years for medical malpractice |
| Washington (WA) | Pure comparative negligence | 3 years from date of injury |
| Wyoming (WY) | Modified comparative, 51% bar | 4 years from date of injury |
Common questions about personal injury claims in Montana, answered with the relevant statutory references.
This page summarises the Montana statutory framework as of 2026-10-26. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in Montana. See /methodology, /sources, and /disclaimer.
