Personal Injury Lawsuit in Montana
Filing a personal injury lawsuit in Montana is a structured legal process. Understanding the steps, deadlines, and modified comparative fault (51% bar) rules will help you make informed decisions about your case.
For informational purposes only. Not legal advice. Consult a licensed attorney.
3 years
Filing Deadline
Modified comparative fault (51% bar)
Fault System
At-Fault
Auto System
$10,000 – $48,000
Avg Settlement
Lawsuit Steps in Montana
Hire an Attorney
Most personal injury attorneys in Montana work on contingency — no upfront fees. They evaluate your case and advise on whether litigation makes sense.
Investigation & Evidence
Your attorney gathers medical records, accident reports, witness statements, and expert opinions to build the strongest possible case.
Demand & Negotiation
Before filing suit, your attorney typically sends a demand letter and attempts settlement. Most cases resolve without going to court.
File the Complaint
If negotiations fail, your attorney files a complaint in the appropriate Montana court. You must file within 3 years of the injury.
Discovery
Both sides exchange evidence, take depositions, and may hire expert witnesses. Discovery typically takes 6–18 months.
Mediation / Trial
Most cases settle during or after discovery. If not, your case goes to trial before a judge or jury under Montana court rules.
Key Montana Law Facts
Montana uses modified comparative negligence under Mont. Code Ann. § 27-1-702 with a 51% bar — if the plaintiff is found 51% or more at fault for the accident, all recovery is barred; awards for lesser degrees of fault are proportionally reduced.
Personal injury lawsuits must be filed within 3 years from the date of injury under Mont. Code Ann. § 27-2-204; Montana courts apply a discovery rule for latent or hidden injuries, starting the clock from the date the injury was or should have been discovered.
Montana has no statutory cap on compensatory damages in most personal injury cases, allowing full recovery of economic losses and noneconomic damages including pain and suffering, emotional distress, and loss of enjoyment of life.