Montana follows modified comparative fault with a 51 percent bar. This directory covers Montana-specific filing deadlines, damage caps, 25/50/20 liability insurance minimums, small claims rules, and links to the State Bar of Montana referral resources.
This Montana personal injury lawyer directory provides state-specific legal research resources, not paid attorney listings. Montana uses modified comparative fault with a 51 percent bar, and understanding this system is essential before consulting an attorney. The 3 years filing deadline, Montana's damage cap rules, and 25/50/20 insurance minimums all shape how claims are valued and settled.
Montana requires drivers to carry minimum liability insurance of 25/50/20 ($25,000 bodily injury per person, $50,000 per accident, $20,000 property damage). Montana is a tort (at-fault) state with no PIP or no-fault system. Claims involving car crashes, truck accidents, premises liability, dog bites, product injuries, medical malpractice, or wrongful death each carry distinct deadlines and procedural requirements in Montana. The State Bar of Montana operates a referral service to help connect injured persons with licensed attorneys.
| Resource | Use it for | Link |
|---|---|---|
| Montana bar association | Start with bar-sponsored public information, member lookup, referral options, discipline/licensing resources, or consumer guidance. | https://www.montanabar.org/ |
| ABA FindLegalHelp.org | Use ABA public resources for lawyer referral, free legal help, licensing information, and legal information. The ABA states that it does not provide individual legal representation. | ABA Find Legal Help |
| ABA bar directories and lawyer finders | Cross-check whether the ABA lists a bar-sponsored lawyer-finding resource for Montana. | ABA bar directories and lawyer finders |
| LSC legal-aid locator | Find LSC-funded civil legal aid near a Montana address, city, or ZIP code. LSC legal aid is income-eligible and usually focused on civil legal problems. | LSC I Need Legal Help |
The general Montana personal injury limitation period in this site data is 3 years, with citation to Mont. Code Ann. § 27-2-204. Medical malpractice is listed as 3 years; 5-year repose, cited to Mont. Code Ann. § 27-2-205. Wrongful death is listed as 3 years, cited to Mont. Code Ann. § 27-2-204. The state source link is the state code or official state source.
Do not treat the general deadline as a complete filing calendar. Government defendants, public hospitals, public schools, transit agencies, counties, cities, state agencies, and federal defendants can require administrative notices or claims before a lawsuit. A minor claimant, delayed discovery, medical malpractice repose period, wrongful death appointment issue, bankruptcy stay, military service, or tolling agreement can also change the analysis. If a deadline is close, a referral-service call is not enough; the complaint, notice, service, and filing rules must be handled by someone licensed in the jurisdiction.
Damage caps are claim-specific. This directory tracks medical malpractice and health-care injury cap issues because they are common in personal injury research and can materially change settlement leverage. The current cap type in the site data is Noneconomic cap. Summary: Noneconomic damages capped at $250,000 in medical malpractice cases. Primary citation: Mont. Code Ann. § 25-9-411.
For ordinary negligence cases, the most important cap may be the available insurance limit rather than a statute. A low bodily injury limit, rejected underinsured motorist coverage, medical liens, workers compensation reimbursement rights, Medicare or Medicaid liens, and comparative fault can reduce net recovery even when there is no broad compensatory damages cap. Punitive damages, dram-shop claims, government defendants, and medical malpractice claims can add separate statutory issues. Use the internal cap table for a first pass, then verify the newest statute and case law with a licensed attorney.
The following table summarizes the key Montana-specific rules that shape personal injury claims in this state.
| Legal Rule | Montana Standard | Citation |
|---|---|---|
| Fault system | modified comparative fault with a 51 percent bar | Mont. Code § 27-1-702 |
| PI statute of limitations | 3 years | Mont. Code § 27-2-204 |
| Med-mal deadline | 3 years | Mont. Code § 27-2-205 |
| Wrongful death deadline | 3 years | Mont. Code § 27-2-204 |
| Min. BI insurance | 25/50/20 | State insurance code |
| PIP required | No | |
| No-fault system | No (tort/at-fault) | |
| Small claims limit | $7,000 | Small Claims Court (Justice's Court) |
| Dog bite rule | One-bite rule | |
| Dram shop liability | Yes | Mont. Code § 27-1-710 |
| Bar referral | Montana Bar Lawyer Referral Service |
Montana follows modified comparative fault with a 51 percent bar (Mont. Code § 27-1-702). The plaintiff's damages are reduced by their share of fault, but if the plaintiff bears 51 percent or more of the responsibility, they cannot recover anything. A plaintiff who is exactly 50 percent at fault can still recover, but their award is cut in half.
Example: A jury awards $400,000. If you are found 50 percent at fault, you still recover $200,000. But if the jury finds you 55 percent at fault, you recover nothing under Montana's proportionate fault rule.
Because the 51 percent threshold is a hard cutoff, insurance adjusters in Montana frequently argue that the plaintiff bears at least 51 percent of the fault to avoid paying any damages at all. This is why documented evidence of the other party's negligence (police reports, witness statements, photos, video footage) is critical in Montana claims.
Montana requires minimum liability insurance of 25/50/20: $25,000 bodily injury per person, $50,000 bodily injury per accident, and $20,000 property damage per accident.
| Coverage Type | Montana Minimum |
|---|---|
| Bodily injury per person | $25,000 |
| Bodily injury per accident | $50,000 |
| Property damage | $20,000 |
| PIP (Personal Injury Protection) | Not required |
| No-fault system | No (tort/at-fault state) |
When the at-fault driver carries only minimum coverage and medical bills exceed the $25,000 per-person limit, the gap becomes an underinsured motorist (UIM) issue. Check your own auto policy for UM/UIM coverage, as it may provide additional recovery that does not depend on the at-fault driver's insurance.
Montana small claims courts (Small Claims Court (Justice's Court)) handle disputes up to $7,000. For minor injury claims within this range, small claims court can be faster and less expensive than filing in a higher court, though complex cases with significant medical evidence may require the formal procedures of a superior or circuit court.
Montana follows the one-bite rule for dog bite cases. There is no strict liability statute for dog owners. The injured person must show the owner knew or should have known the dog had a dangerous propensity (such as a prior bite or aggressive behavior) or that the owner was negligent in controlling the animal. Local municipal ordinances may impose additional duties.
Montana has a dram shop act (Mont. Code § 27-1-710) that can hold bars, restaurants, and other alcohol vendors liable for injuries caused by a person they served while that person was visibly intoxicated or underage. This creates a potential additional source of recovery in drunk-driving accident cases.
Claims against Montana government entities (cities, counties, state agencies, school districts) require a formal notice within a specific time frame: varies. Missing this administrative deadline can permanently bar the claim even if the general statute of limitations has not expired. Government defendants may also have separate damage caps and immunity protections.
Montana-specific accident scenarios include crashes on I-90 and I-15, ranching and cattle injuries, logging and timber industry accidents, ski resort injuries at Big Sky and Whitefish Mountain, oil and gas extraction injuries in the Bakken formation area, and wildlife-vehicle collisions. Yellowstone County District Court (Billings), Missoula County, and Cascade County (Great Falls) handle the most personal injury cases.
Montana caps med-mal noneconomic damages at $250,000, more restrictive than neighboring Wyoming (no cap) and Idaho (inflation-adjusted general PI cap). Montana uses a 51% bar compared to Idaho's stricter 50% bar. Montana's 3-year PI SOL gives more time than Wyoming (4 years) but less than North Dakota (6 years).
Start by confirming the lawyer's active license through the State Bar of Montana. Check for any public disciplinary history. Ask whether the lawyer personally handles Montana personal injury cases, whether litigation is filed in-house or referred to other firms, and whether they have experience with the specific claim type in Montana courts.
Given Montana's specific rules, verify that the lawyer understands: montana has a $250,000 noneconomic damages cap in medical malpractice cases (mont. code §.
Fee structure should be documented in writing before representation begins. Most personal injury matters use a contingency fee, commonly around one-third of the recovery. Ask whether the percentage changes after a lawsuit is filed, after arbitration, or at trial. Ask whether the firm advances case expenses and whether you owe costs if there is no recovery. Red flags include pressure to sign immediately, promises of a guaranteed settlement value, and vague statements about who is actually licensed to practice in Montana.
Bring the police crash report or incident report, photos from the scene, all medical records and billing statements, your auto insurance declarations page showing liability and UM/UIM limits, the at-fault party's insurance information, health insurance EOB statements, wage documentation from your employer, and any settlement offer already received. For premises liability cases, gather photos of the hazard and any maintenance or incident reports.
The Montana Bar Lawyer Referral Service can connect you with a licensed attorney for an initial consultation. Many bar referral services offer a reduced-fee first meeting to help evaluate your claim.
For low-income Montana residents, LSC-funded civil legal aid organizations focus on housing, family safety, consumer, and public benefits issues. While these organizations do not typically handle contingency-fee personal injury cases, they may assist with related problems such as medical debt, insurance disputes, or housing instability caused by injury. Use the LSC locator with a Montana ZIP code for the nearest program. The ABA's Find Legal Help page provides additional public resources.
Under Montana's modified comparative fault rule (Mont. Code § 27-1-702), you are barred from recovery if you are 51 percent or more at fault. If you are exactly 50 percent at fault, you can still recover, but your award is reduced by half.
The general statute of limitations for personal injury in Montana is 3 years (Mont. Code § 27-2-204). Medical malpractice claims have a 3 years deadline (Mont. Code § 27-2-205). Wrongful death claims must be filed within 3 years (Mont. Code § 27-2-204). Claims against government entities may require earlier notice.
Montana requires 25/50/20 minimum liability coverage: $25,000 bodily injury per person, $50,000 bodily injury per accident, and $20,000 property damage. Montana is a tort (at-fault) state with no PIP or no-fault system.
Montana has a $250,000 noneconomic damages cap in medical malpractice cases (Mont. Code section 25-9-411)
Montana follows the one-bite rule. To hold the owner liable, you generally must prove the owner knew or should have known the dog had dangerous tendencies (such as a prior bite or aggressive behavior). However, if the owner violated a local leash law, negligence per se may apply.
Montana small claims courts (Small Claims Court (Justice's Court)) handle disputes up to $7,000. For minor personal injury claims within this range, small claims court can be faster and less expensive than filing in a higher court.
Yes. The Montana Bar Lawyer Referral Service connects the public with licensed attorneys. You can access this service through the State Bar of Montana website. The ABA and LSC also provide public referral resources.
Last reviewed: May 05, 2026 (state Bar referrals + recent verdict data verified via official sources).
Author: Mustafa Bilgic — operator of SettlementCalculator. About · Contact · Disclaimer
Sources: American Bar Association (ABA), state Bar Associations directories, court verdict databases (Westlaw, Lexis), state-specific tort statutes, NOLO legal references.
NOT LEGAL ADVICE: Calculator results are estimates only. Every case is unique. Consult a licensed attorney in your state. We do not provide legal services and are not affiliated with any law firm. Lawyer referral information is provided for informational purposes only.