Montana’s premier personal injury attorneys are featured in this professional directory. These lawyers have demonstrated exceptional skill in representing injured clients, earning recognition for their dedication and results throughout Big Sky Country.
Personal Injury Law in Montana
Montana employs a modified comparative negligence system with a 51% bar rule. You can recover damages as long as you’re not more than 50% at fault. When you’re 50% or less responsible, your award is reduced by your fault percentage. Being 51% or more at fault bars recovery entirely.
The statute of limitations for personal injury cases in Montana is three years from the date of injury. Medical malpractice claims must be filed within three years of discovery or within five years of the negligent act, whichever comes first. Wrongful death actions have a three-year limitation period.
Montana caps non-economic damages at $250,000 in most personal injury cases, though this cap doesn’t apply when the injury results in permanent disfigurement or disability. The state maintains specific statutes governing premises liability and product liability. Montana’s vast rural landscape, mountainous terrain, and severe winter weather create unique injury scenarios, from ranch and agricultural accidents to recreational injuries. The state’s extractive industries (mining, oil, and gas) also generate workplace injury cases. Montana sees significant wildlife-related vehicle accidents and cases involving outdoor recreational activities.
