Personal Injury Laws in Montana: Deadlines, Fault Rules & Damages

The short answer for Montana: if you were hurt by someone else's negligence, you generally have 3 years from the date of the injury to file a personal injury lawsuit in Montana, under Mont. Code Ann. § 27-2-204. Montana follows a modified comparative negligence rule with a 51% bar (§ 27-1-702), caps non-economic damages only in medical malpractice cases (a cap that was raised and put on a rising schedule in 2025), and is an at-fault (tort) auto insurance state, not a no-fault state. Details, exceptions, and where those numbers come from are below — and because legislatures and courts revise these rules, always confirm the current statute text or ask a Montana-licensed attorney before relying on any deadline.

1. Montana's personal injury statute of limitations

Montana Code Annotated § 27-2-204 sets the general filing deadline for tort claims:

• General negligence / bodily injury (car crashes, slip-and-falls, most accidents): 3 years from the date the claim accrues — in practice, almost always the date of the injury.
• Wrongful death: 3 years, except that a wrongful death caused by a homicide has a 10-year period.
• Certain intentional torts (libel, slander, assault, battery, false imprisonment): 2 years.

Miss this window and, with very limited exceptions (such as tolling for a minor's age or a defendant's absence from the state), a Montana court will dismiss the case no matter how strong it is. Confirm the exact accrual date and any tolling rules with the current text of § 27-2-204 or a Montana attorney, since discovery-rule and tolling issues can shift the actual deadline in a specific case.

2. Montana's shared-fault rule: modified comparative negligence, 51% bar

Montana uses modified comparative negligence under Mont. Code Ann. § 27-1-702. In plain terms:

• You can still recover damages as long as your share of fault is not greater than the fault of the person(s) you're suing — meaning you can be up to 50% at fault and still recover.
• If you are found 51% or more at fault, you recover nothing. This is often called the "51% bar."
• Whatever you're awarded is reduced by your own percentage of fault. Example: a jury awards $100,000 but finds you 30% at fault — you collect $70,000.

Insurance adjusters routinely argue an injured person shares more fault than they actually do, because every percentage point shifted onto you reduces the payout — and enough points can wipe it out entirely. Don't accept a fault percentage from an insurer at face value without reviewing the police report, photos, and witness statements.

3. Damage caps in Montana

• Economic damages (medical bills, lost wages, future care costs): Montana does not generally cap these in ordinary personal injury cases.
• Non-economic damages (pain and suffering) in medical malpractice cases only: capped under Mont. Code Ann. § 25-9-411. For years this cap was $250,000, but a 2025 law (HB 195) raised it and set it on a rising schedule: $300,000 in 2025, $350,000 for 2026, then $400,000 (2027), $450,000 (2028), and $500,000 (2029), with 2% annual increases beginning in 2030. Because the applicable figure depends on the year and can change again, pull the current text of § 25-9-411 before relying on any number. Montana does not have a general non-economic damages cap for other kinds of injury cases (like car crashes or premises liability).
• Punitive damages: capped at the lesser of $10 million or 3% of the defendant's net worth under Mont. Code Ann. § 27-1-220, and punitive damages are not available in ordinary contract disputes.

The medical malpractice cap remains contested. Its constitutionality — under the Montana Constitution's "full legal redress" guarantee (Article II, § 16) — has been questioned by judges, attorneys, and lawmakers, and as of this writing the Montana Supreme Court has never ruled on whether the cap is valid. The 2025 legislature both raised the cap amount and enacted measures intended to shore it up. If your case involves a large medical malpractice claim, ask your attorney whether the cap is currently being challenged or has changed, and pull the current text of § 25-9-411 yourself.

4. Montana's car insurance system: at-fault, not no-fault

Montana is a tort / at-fault state for auto insurance — it is not a no-fault (PIP) state. That means:

• The driver who caused the crash (and their insurer) is responsible for the other driver's medical bills, lost wages, and pain and suffering.
• You generally pursue a claim directly against the at-fault driver's liability coverage rather than filing a PIP claim with your own insurer first.
• Montana's minimum required liability limits are $25,000 per person / $50,000 per accident for bodily injury and $20,000 for property damage — confirm current minimums with the Montana Commissioner of Securities and Insurance, since minimums are periodically adjusted and are often too low to cover a serious injury.
• Insurers are required to offer uninsured/underinsured motorist coverage, though it is not automatically mandatory — check your own declarations page.

5. Montana's dog-bite rule

Montana's dog-bite statute, Mont. Code Ann. § 27-1-715, imposes strict liability on a dog owner when their dog bites someone without provocation — but with an important geographic limit:

• Strict liability applies only when the bite happens in a public place, or lawfully in a private place, located within an incorporated city or town.
• The owner is liable "regardless of the former viciousness of the dog or the owner's knowledge of such viciousness" — Montana has no "one free bite" rule inside city/town limits.
• Outside incorporated cities and towns (much of rural Montana), the statute doesn't apply, and a bite victim generally has to prove ordinary negligence — for example, that the owner knew or should have known the dog was dangerous, or violated a leash law.
• Provocation and trespassing are defenses the statute itself recognizes.

Because a bite's location (in town vs. out in the county) changes which legal standard applies, note exactly where the bite occurred and check current city/county ordinances as well.

Claims against a government entity: much shorter deadlines

If your injury involves a city, county, school district, or the State of Montana (for example, a crash with a government vehicle, or a fall on government property), the 3-year statute above is not your only deadline. Montana's Tort Claims Act (Title 2, chapter 9, MCA) requires you to present a written claim to the responsible government entity before you can sue — to the state Department of Administration for state claims, or the clerk/secretary of the relevant city, county, or political subdivision for local claims (§ 2-9-301). The state must grant or deny a state claim in writing within 120 days, or it is treated as denied. Because notice requirements for government claims are technical and unforgiving, confirm the current deadline and required form of notice with the specific agency, the Montana Department of Administration's Risk Management & Tort Defense division, or a Montana attorney immediately after the incident. Do not wait.

What to do in Montana

1. Get medical care and document everything. Photograph injuries, the scene, and any hazard or vehicle damage; keep every bill, medical record, and receipt for lost wages.
2. Identify whether a government entity is involved. If a city, county, school, or state vehicle or property is part of the story, treat the notice deadline as urgent — it can run out well before the 3-year period.
3. Report the incident properly. File a police report for a crash; report a dog bite to local animal control if required; notify a property owner or manager of a hazard in writing.
4. Be careful what you say to insurers. Because Montana's 51% bar can wipe out your recovery entirely, avoid speculating about fault percentages before you've reviewed the evidence.
5. Track your own filing deadline. Calendar the 3-year date from § 27-2-204 (or the shorter government-claim notice window) and don't rely on an insurer to remind you.
6. File in the right court. Montana personal injury lawsuits are generally filed in the Montana District Court for the county where the injury occurred or where the defendant resides.
7. Confirm current law before you rely on any number here. Statutes and damage caps can change; check the current text at the Montana Legislature's code site (mca.legmt.gov) or consult a Montana attorney for your specific facts.

This article is general information about Montana law, not legal advice for your specific situation.