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★ Montana · head & brain

Head & brain settlements
in Montana.

By 9 min read

A Billings driver rear ended by a school bus claimed a traumatic brain injury and asked for $3 million; the bus company offered $95,000 and the jury awarded $65,000. A motorcyclist with a brain injury after a crash outside a Bozeman Goodwill recovered nothing when the jury put 65 percent of the fault on him.

Facts that decide a head & brain claim in Montana

Offers of judgmentA 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 recoveryA rider found 65 percent at fault against a driver at 35 percent recovers nothing under Montana’s rule.Murray v. Steinmetz (Mont. 2026)
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
$500,000 to multi-million
Severe traumatic brain injury
Catastrophic-case reported decisions

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

united states · sister site
Your head & brain 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 head & brain case in about two minutes, no cost and no obligation.

Check my case
★ MT · reported head & brain outcomes

What Montana courts have awarded.

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

  • Peterson-Tuell v. First Student
    Montana Supreme Court · 2014
    $65,000 verdict

    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. She reported no injury that day, and her first cognitive complaints came two months later. First Student admitted liability. She sought $3 million for a brain injury, it offered $95,000, and the jury awarded $65,000.

  • Murray v. Steinmetz
    Montana Supreme Court · 2026
    Defense judgment affirmed

    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. He suffered a traumatic brain injury and remembers nothing of the crash. The jury split fault 65 percent to Murray and 35 percent to Steinmetz, and the court affirmed.

★ MT · head & brain · in practice

What changes the number here.

What actually moves a head & brain settlement in Montana.

  1. 1

    Report cognitive symptoms early; a two month gap was central to Peterson-Tuell’s case.

  2. 2

    Weigh an offer of judgment carefully; Peterson-Tuell’s verdict came in $30,000 below the offer.

  3. 3

    In a crash you cannot remember, preserve scene evidence quickly; later videos were excluded in Murray.

★ 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 head & brain settlement in Montana.

★ head & brain severity tiers · US frame

How the band stratifies.

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

Severity tierBandBasis
Concussion / mild TBI$25,000 to $100,000Reported decisions
Severe traumatic brain injury$500,000 to multi-millionCatastrophic-case reported decisions
★ head & brain · 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 head & brain claims.

JurisdictionFault ruleLimitationHead & brain 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 · head & brain →
OregonModified comparative, 51% bar2 years from date of injuryOR · head & brain →
UtahModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeUT · head & brain →
WashingtonPure comparative negligence3 years from date of injuryWA · head & brain →
WyomingModified comparative, 51% bar4 years from date of injuryWY · head & brain →
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · head & brain →
New HampshireModified comparative, 51% bar3 years from date of injuryNH · head & brain →
New JerseyModified comparative, 51% bar2 years from date of injuryNJ · head & brain →
OhioModified comparative, 51% bar2 years from date of injuryOH · head & brain →
OklahomaModified comparative, 51% bar2 years from date of injuryOK · head & brain →
NebraskaModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeNE · head & brain →
New MexicoPure comparative negligence3 years from date of injuryNM · head & brain →
★ MT · head & brain · 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
Head & brain in United States

Head & brain band structure and severity tiers at the US level.

★ all 15 countries
Head & brain · everywhere

Cross-jurisdiction comparison of head & brain 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.