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
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.