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★ Montana · back & spine

Back & spine settlements
in Montana.

By 9 min read

A driver hit on an icy, foggy highway between Belt and Great Falls felt neck and back pain later that day. The jury found the crash caused no injury, and the Montana Supreme Court upheld a new trial. A paper mill worker still treating for a 1991 back and neck injury won a second look at his benefits in 2018.

Facts that decide a back & spine claim in Montana

New trialA 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 compWhich 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 sueAn action on a liability not founded on a written instrument must be commenced “within 3 years.”Mont. Code Ann. § 27-2-204(1)
★ band · US federal frame
$80,000 to $400,000+
Back injury (severe, surgery)
Reported decisions; statutory cap states constrain the upper end

The US band is the starting point. Montana's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your back & spine claim in Montana. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own back & spine case in about two minutes, no cost and no obligation.

Check my case
★ MT · reported back & spine outcomes

What Montana courts have awarded.

Real Montana decisions and verdicts, each linked to the court record or official report.

  • Reis v. Luckett
    Montana Supreme Court · 2015
    New trial affirmed

    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. Reis reported no injury at the scene but had neck, back and hand pain later that day and saw several providers. Luckett admitted liability; the jury found the crash caused no injury. The trial court granted a new trial, and the court affirmed.

  • Murphy v. WestRock
    Montana Supreme Court · 2018
    Reversed and remanded

    In December 1991 Murphy suffered back, neck and shoulder injuries at the Smurfit-Stone mill in Frenchtown. His chiropractor, treating him since 1998, set lifting limits he tied to the 1991 injury. The insurer denied benefits because the 1991 law required a physician, and its orthopedic examiner disagreed on causation. The Supreme Court reversed the comp court’s ruling and sent the case back.

★ MT · back & spine · in practice

What changes the number here.

What actually moves a back & spine settlement in Montana.

  1. 1

    See a provider the day pain appears, even if you felt fine at the scene; Reis’s pain started hours later.

  2. 2

    In an old comp claim, check which year’s law governs who may set your restrictions.

  3. 3

    Keep a continuous treatment record; Murphy’s chiropractor documented 18 years of consistent symptoms.

★ MT · statute of limitations
3 years from date of injury

Mont. Code Ann. § 27-2-204

★ MT · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ MT · caps

What caps recovery.

Statutory caps that may bear on a back & spine settlement in Montana.

★ back & spine severity tiers · US frame

How the band stratifies.

The state-by-state tort law · jury verdict reporters · statutory caps stratifies back & spine into the tiers below. Montana courts apply the same tier structure, adjusted for state-specific factors.

Severity tierBandBasis
Back injury (moderate, no surgery)$30,000 to $100,000Reported decisions plus settlement aggregates
Back injury (severe, surgery)$80,000 to $400,000+Reported decisions; statutory cap states constrain the upper end
★ back & spine · same region & fault regime

Compare to like jurisdictions.

How Montana's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for back & spine claims.

JurisdictionFault ruleLimitationBack & spine page
Montana · you are hereModified comparative, 51% bar3 years from date of injury—
NevadaModified comparative, 51% bar2 years for personal injury; 3 years for medical malpracticeNV · back & spine →
OregonModified comparative, 51% bar2 years from date of injuryOR · back & spine →
UtahModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeUT · back & spine →
WashingtonPure comparative negligence3 years from date of injuryWA · back & spine →
WyomingModified comparative, 51% bar4 years from date of injuryWY · back & spine →
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · back & spine →
New HampshireModified comparative, 51% bar3 years from date of injuryNH · back & spine →
New JerseyModified comparative, 51% bar2 years from date of injuryNJ · back & spine →
OhioModified comparative, 51% bar2 years from date of injuryOH · back & spine →
OklahomaModified comparative, 51% bar2 years from date of injuryOK · back & spine →
NebraskaModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeNE · back & spine →
New MexicoPure comparative negligence3 years from date of injuryNM · back & spine →
★ MT · back & spine · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Sources

Checked 2026-09-30. Every figure on this page comes from one of these documents.

★ all of MT
Montana overview

Fault rule, statute, caps, and key facts for Montana as a whole.

★ federal frame
Back & spine in United States

Back & spine band structure and severity tiers at the US level.

★ all 15 countries
Back & spine · everywhere

Cross-jurisdiction comparison of back & spine bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for Montana's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Montana. See /methodology, /sources, and /disclaimer.