Lost Wages in a Montana Personal Injury Claim
If an injury caused by another party's negligence forced you out of work in Montana, you can recover lost wages and future earning capacity as part of your claim. Here is exactly how to document, calculate, and recover your income losses.
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
What Lost Wages You Can Recover in Montana
Past Lost Wages
All income you lost from the date of the accident through settlement or verdict — including salary, hourly wages, tips, commissions, bonuses, and self-employment income.
Future Lost Earnings
If your injury causes permanent or long-term disability affecting your ability to work, you can recover the present value of future income losses. Expert economic testimony is typically required.
Lost Business Income
Self-employed individuals and business owners can claim documented lost profits caused by their inability to work.
Benefits & PTO Used
Sick days, vacation days, and other benefits consumed due to your injury may be recoverable as lost wages.
No-Fault vs At-Fault in Montana
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.