Medical Liens in Montana
A lien is a legal claim against your personal injury settlement by a third party who paid for your medical treatment. In Montana, liens from hospitals, health insurers, Medicare, and Medicaid must be addressed before you receive your net settlement funds.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
3 years
Filing Deadline
$10,000 – $48,000
Avg Settlement
Types of Medical Liens in Montana
Hospital Liens
Montana hospitals that treated you for accident injuries may file a hospital lien against your settlement to recover unpaid bills. The lien attaches to your recovery before you are paid.
Health Insurance Subrogation
If your health insurer paid your medical bills, they have a subrogation right to be reimbursed from your settlement. Many states allow negotiation to reduce these amounts.
Medicare & Medicaid
Federal law requires Medicare and Medicaid liens to be paid in full — with limited exceptions. Your attorney must resolve these before settlement funds are distributed.
Workers' Compensation
If workers' comp covered your treatment for a work-related injury in Montana, they have a lien on any third-party recovery you obtain.
Montana Injury 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.