Personal Injury Statistics in Montana
Understanding personal injury statistics in Montana helps you benchmark your case value, understand the legal environment, and set realistic expectations for your claim.
For informational purposes only. Not legal advice. Consult a licensed attorney.
$10,000 – $48,000
Average Settlement Range
Varies widely by injury severity and case type
Modified comparative fault (51% bar)
Fault System
Directly affects how damages are calculated
3 years
Statute of Limitations
Time to file from date of injury
At-Fault (Tort)
Auto Insurance System
At-fault driver's insurer liable
Montana Injury Cases — By the Numbers
8,000 cases/yr
PI Cases Filed Annually
$38,000
Average Settlement
$23,000
Median Settlement
45%
Plaintiff Trial Win Rate
14 mo
Avg. Time to Settle
Workplace Injury
Top Injury Type
9 mo
Civil Court Backlog
35%
Avg. Contingency Fee
Key Facts About Montana Injury Law
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.
Montana Personal 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.