Modified Comparative Negligence (51% Bar)
Montana follows modified comparative negligence with a 51% bar. Plaintiff can recover if 50% or less at fault; damages reduced proportionally. If plaintiff is 51% or more at fault, recovery is completely barred.
No Cap
No limit on non-economic damages
3 years for personal injury
Deadline to file your lawsuit
Montana follows modified comparative negligence with a 51% bar. Plaintiff can recover if 50% or less at fault; damages reduced proportionally. If plaintiff is 51% or more at fault, recovery is completely barred.
Example:
If plaintiff is 30% at fault for $100k damages, they recover $70,000. If plaintiff is 51% or more at fault, they recover $0.
Additional research needed for specific cap amounts
$0
Based on reported cases in Montana
24,785
Personal injury lawsuits per year
Montana follows modified comparative negligence with a 51% bar rule. The Faulconbridge v. State (2017) case established important government liability standards.
Montana's mining industry has produced significant litigation, particularly involving asbestos exposure in Libby, Montana. The vermiculite mining operation contaminated the town, leading to numerous wrongful death and injury claims.
The state has seen notable outdoor recreation injury cases, with Montana's tourism industry creating liability questions for outfitters and landowners.
Montana personal injury cases are filed in District Court, with 22 judicial districts. Yellowstone County (Billings) and Missoula County handle the most civil litigation.
Montana follows the Montana Rules of Civil Procedure. The state uses case management and scheduling orders.
Montana courts encourage mediation through the Court Mediation Office. Settlement conferences are common before trial.
Montana attorneys are licensed by the State Bar of Montana. The state's vast size and small population create a close-knit legal community.
The Montana Trial Lawyers Association is the state's primary plaintiff attorney organization. Mining injury and outdoor recreation experience is valuable.
Contingency fees typically range from 33-40%. Montana has strong consumer protection laws and has been considered plaintiff-friendly.
Montana's statute of limitations for personal injury is 3 years under Mont. Code Ann. § 27-2-204. This applies to most negligence claims.
Medical malpractice has a 3-year statute of limitations with a 5-year statute of repose. Claims against Montana government entities have specific procedures under the Montana Tort Claims Act.
This calculator provides estimates only and is not legal advice. Laws in Montana are complex and individual case results vary. Consult a licensed Montana attorney for advice specific to your case.