Montana applies modified-51 comparative fault with a $250,000 medical-malpractice non-economic damages cap. For fracture claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for Montana's modified comparative — 51% bar and any applicable statutory cap.
★ band · US federal frame
$15,000 – $80,000
Wrist or arm fracture
Settlement aggregates
The US band is the starting point. Montana's fault rule and any applicable cap then adjust the figure.
★ 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 fracture settlement in Montana.
Medical malpractice non-econ cap
Med-mal cases
$250,000
Mont. Code Ann. § 25-9-411
★ fracture · neighbouring jurisdictions
Compare to neighbours.
How Montana's fault rule and limitation period compare to other US jurisdictions for fracture claims.
Each answer is independently coherent and references the relevant statute or authority document.
How much is a fracture claim worth in Montana?
Montana fracture settlements track the federal US band of $15,000 – $80,000, adjusted for Montana's fault rule (modified comparative — 51% bar) and any applicable state cap. The position within the band turns on severity, prognosis, recovery time, and the strength of the medical paper trail.
What fault rule applies to fracture claims in Montana?
Modified comparative — 51% bar. Modified comparative — recovery barred at 51% claimant fault.
What is the statute of limitations for fracture claims in Montana?
3 years from date of injury. Source: Mont. Code Ann. § 27-2-204. Filing after the period expires generally bars the claim absent a tolling exception.
Do Montana's damages caps reduce fracture settlements?
Yes — Montana applies the following caps that may bear on a fracture claim: Medical malpractice non-econ cap. Caps are applied to the gross award before any fault-allocation reduction.
Does Montana require no-fault first-party recovery for auto-related fracture claims?
No. Montana is a traditional tort jurisdiction; the at-fault driver's insurer is the primary source of recovery for auto-related fracture claims.
Should I hire a Montana fracture attorney?
For all but the most modest claims, yes. Montana's fault rule and caps materially affect the calculus, and adjusters value represented claims significantly higher. Most Montana personal injury attorneys work on contingency (33–40% typical), with no fee unless you recover.
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.