Montana Personal Injury Law

The following summary of Montana personal injury laws and theories of liability will help you understand important aspects of injury claims in this state.

Montana Statute of Limitations:

• Personal Injury: For personal injury, the statute of limitations is 3 years for negligent conduct and 2 years for injuries resulting from Assault and Battery.


• Medical Malpractice: 3 years for all medical malpractice, but no more than 5 years for date of discovery situations.


• Products Liability: 3 years.

Caps on Personal Injury Awards in Montana:

Personal injury awards are capped in Montana at $10 million dollars or 3% of the net worth of the defendant.

Montana Serious Injury Threshold:

There is no serious injury threshold in the state of Montana.

Montana is a Fault state and follows the modified comparative - 51% negligence system. Therefore, a plaintiff can recover damages provided that his or her liability is no more than 50%.

Personal Injury Case Types in Montana:

Auto Accident Claims: When a driver breaches his/or her duty to drive in a non-negligent manner and damages occur, the driver or owner of the vehicle will then be liable to the injured party.

Product Liability Lawsuits: Before a product is made available to a consumer, it must follow a rigorous inspection process. For this reason, manufacturers and distributors of products that fail and cause injury are held strictly liable for the damages that occur.

Wrongful Death Cases: If an individual dies as a result of the negligence of another - regardless of whether that negligence was in the course of an automobile accident, medical malpractice or any other negligence - the negligent party will be liable to the estate of the victim.

Medical Malpractice Claim: If a patient is injured, it is only medical malpractice if the health care provider failed to follow the governing standard of care when providing treatment.

Slip and Fall Accidents: All property owners, whether personal or private property, must maintain the premises in a manner free from dangerous conditions. The law not only recognizes obvious dangers but also those that would have been after reasonable inspection.

Workers Compensation Laws: In Montana, all employers are required or compelled to carry workers compensation insurance to cover the injuries that occur to their employees in the scope of employment.

For More Information Check out these sites:

Official Montana State Government Website

Montana Commissioner of Securities & Insurance