This page collects the rules that decide what an injury claim is worth in Montana: who can recover when both sides share the blame, how long you have to sue, what insurance drivers must carry and whether the state caps damages. Every rule links to the statute or court decision behind it, and every calculator on this site uses these same values.
Montana is an at-fault state, so claims are paid by the at-fault party’s insurer, and its 51% bar rule sets how much your own share of fault costs you.
Fault. Montana uses modified comparative fault with a 51% bar. If you are found 20% at fault, your award drops by 20%. At 51% or more, you recover nothing. Insurers know this, so expect them to argue your share up.
Filing deadlines. You have three years from the injury to file a personal injury lawsuit. Families have three years for a wrongful death claim, usually counted from the date of death. Claims against a government agency need written notice much sooner.
Car insurance. Montana is an at-fault state, so the at-fault driver’s liability insurance pays your claim. Drivers must carry at least $25,000 per injured person, $50,000 per crash and $20,000 for property damage, written 25/50/20.
Damage caps. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
Dog bites. Owners are strictly liable for bites inside incorporated cities and towns. Elsewhere the negligence rules apply.
Yes, as long as you were 50% or less at fault. Your award is reduced by your percentage, and at 51% or more you recover nothing.
three years from the injury in most cases.
Usually the at-fault party’s insurer: auto, homeowner’s or business liability coverage. The policy limit often sets the practical ceiling.
Not in most injury cases. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.