Personal Injury Deposition in Montana
A deposition is sworn out-of-court testimony taken during the discovery phase of yourMontana personal injury case. What you say in a deposition is legally binding and can significantly impact your settlement outcome.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
$10,000 – $48,000
Avg Settlement
3 years
Filing Deadline
Deposition Tips for Montana Injury Cases
Tell the Truth
You are under oath. Inconsistencies between deposition testimony and trial testimony destroy credibility and can sink your case.
Listen Carefully
Only answer the question asked. Do not volunteer information. If you do not understand a question, ask for clarification.
Take Your Time
Pause before answering. Your attorney can object before you respond. Never rush.
Say "I Don't Know"
If you genuinely do not remember or know, say so. Guessing can be used against you.
Review Records First
Review your medical records, accident report, and prior statements with your attorney before the deposition.
Fault Is Key
Under modified comparative fault (51% bar), any admission of fault can reduce or eliminate your recovery.
Montana Law Overview
Montana applies modified comparative fault with a 51% bar, allowing recovery only when the plaintiff is less than majority at fault. The statute of limitations is 3 years, with discovery rule tolling available. Montana does not require no-fault PIP insurance. Montana's vast rural landscape, oil and gas industry, agriculture, and outdoor recreation activities generate distinctive personal injury litigation including horseback riding accidents, hunting injuries, and oil field worker claims. Montana has no general cap on compensatory damages and has historically produced substantial jury verdicts against corporate defendants. The Montana Supreme Court has been willing to apply punitive damages broadly, and the state does not cap punitive damages by statute. Medical malpractice claims in Montana follow a 2-year discovery rule statute of limitations under Mont. Code Ann. § 27-2-205. Dram shop liability is recognized under the Alcoholic Beverage Code. Workers' compensation in Montana provides exclusive remedy for workplace injuries.