Montana applies modified-51 comparative fault with a $250,000 medical-malpractice non-economic damages cap.
Montana operates modified-51 comparative negligence with a $250,000 cap on medical-malpractice non-economic damages. 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.
How Montana compares to its sibling jurisdictions in United States on fault rule and limitation period.
| Jurisdiction | Fault rule | Limitation |
|---|---|---|
| Montana | Modified comparative — 51% bar | 3 years from date of injury |
| Alabama (AL) | Pure contributory negligence | 2 years from date of injury |
| Alaska (AK) | Pure comparative negligence | 2 years from date of injury or discovery |
| Arizona (AZ) | Pure comparative negligence | 2 years from date of injury |
| Arkansas (AR) | Modified comparative — 50% bar | 3 years for personal injury; 2 years for medical malpractice |
| 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 |
| Connecticut (CT) | Modified comparative — 51% bar | 2 years from date of injury |
| Delaware (DE) | Modified comparative — 51% bar | 2 years from date of injury |
| District of Columbia (DC) | Pure contributory negligence | 3 years from date of injury |
| Florida (FL) | Modified comparative — 51% bar | 2 years from date of injury (was 4; reduced by HB 837) |
| Georgia (GA) | Modified comparative — 50% bar | 2 years from date of injury |
| Hawaii (HI) | Modified comparative — 51% bar | 2 years from date of injury |
| Idaho (ID) | Modified comparative — 50% bar | 2 years from date of injury |
| Illinois (IL) | Modified comparative — 51% bar | 2 years from date of injury |
| Indiana (IN) | Modified comparative — 51% bar | 2 years from date of injury |
| Iowa (IA) | Modified comparative — 51% bar | 2 years from date of injury |
| Kansas (KS) | Modified comparative — 50% bar | 2 years from date of injury |
| Kentucky (KY) | Pure comparative negligence | 1 year for personal injury (one of the shortest in the US) |
| Louisiana (LA) | Pure comparative negligence | 1 year (la prescription) — extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024 |
| Maine (ME) | Modified comparative — 50% bar | 6 years for personal injury — longest in the US |
| Maryland (MD) | Pure contributory negligence | 3 years from date of injury |
| Massachusetts (MA) | Modified comparative — 51% bar | 3 years from date of injury |
| Michigan (MI) | Modified comparative — 51% bar | 3 years from date of injury |
| Minnesota (MN) | Modified comparative — 51% bar | 6 years for personal injury (uncommonly long); 4 years for medical malpractice |
| Mississippi (MS) | Pure comparative negligence | 3 years from date of injury |
| Missouri (MO) | Pure comparative negligence | 5 years for personal injury; 2 years for medical malpractice |
| Nebraska (NE) | Modified comparative — 50% bar | 4 years for personal injury; 2 years for medical malpractice |
| Nevada (NV) | Modified comparative — 51% bar | 2 years for personal injury; 3 years for medical malpractice |
| New Hampshire (NH) | Modified comparative — 51% bar | 3 years from date of injury |
| New Jersey (NJ) | Modified comparative — 51% bar | 2 years from date of injury |
| New Mexico (NM) | Pure comparative negligence | 3 years from date of injury |
| New York (NY) | Pure comparative negligence | 3 years for personal injury; 2 years 6 months for medical malpractice |
| North Carolina (NC) | Pure contributory negligence | 3 years from date of injury |
| North Dakota (ND) | Modified comparative — 50% bar | 6 years for personal injury; 2 years for medical malpractice |
| Ohio (OH) | Modified comparative — 51% bar | 2 years from date of injury |
| Oklahoma (OK) | Modified comparative — 51% bar | 2 years from date of injury |
| Oregon (OR) | Modified comparative — 51% bar | 2 years from date of injury |
| Pennsylvania (PA) | Modified comparative — 51% bar | 2 years from date of injury |
| Rhode Island (RI) | Pure comparative negligence | 3 years from date of injury |
| South Carolina (SC) | Modified comparative — 51% bar | 3 years from date of injury |
| South Dakota (SD) | Pure comparative negligence | 3 years from date of injury |
| Tennessee (TN) | Modified comparative — 50% bar | 1 year from date of injury — among the shortest in the US |
| Texas (TX) | 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 |
| Vermont (VT) | Modified comparative — 51% bar | 3 years from date of injury |
| Virginia (VA) | Pure contributory negligence | 2 years from date of injury |
| Washington (WA) | Pure comparative negligence | 3 years from date of injury |
| West Virginia (WV) | Modified comparative — 51% bar | 2 years from date of injury |
| Wisconsin (WI) | Modified comparative — 51% bar | 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 2026-05-09. 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.