Future Damages in Montana
In Montana, you are entitled to recover not just your current losses but also the present value of future medical expenses and lost earning capacity caused by your injuries. These future damages often represent the largest component of a serious injury claim.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
3 years
Filing Deadline
At-Fault
Auto System
Types of Future Damages in Montana
Future Medical Expenses
Cost of ongoing treatment, surgeries, physical therapy, medications, home care, and medical equipment you will need because of your injuries.
Lost Future Earning Capacity
The present value of income you will lose if your injury permanently or partially prevents you from working at your pre-accident capacity.
Future Pain & Suffering
Montana allows recovery of future non-economic damages under modified comparative fault (51% bar) — reduced by your share of fault.
Future Loss of Enjoyment
Compensation for activities, hobbies, and life experiences you will permanently lose due to your injuries.
Montana Injury Law
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.