Montana law
Personal Injury Laws in Montana.
Montana follows a modified comparative fault system with a 51% bar, meaning you can recover damages as long as your fault does not exceed that of the defendant(s). Montana is a traditional tort (fault-based) state for auto insurance. The general statute of limitations for personal injury is 3 years.
Last verified: 2026-02-25
State law
Statute of Limitations
Personal injury claims must be filed within 3 years of the date of injury or the date the injury was or should have been discovered.
Exceptions
Montana applies the discovery rule: a cause of action accrues when the plaintiff first discovers, or through reasonable diligence should have discovered, the injury.
The statute of limitations is tolled for minors until they reach age 18, at which point the standard limitation period begins to run.
Wrongful death actions must be filed within 3 years of the date of death. If the death resulted from a homicide, the period is extended to 10 years.
Actions for libel, slander, assault, battery, false imprisonment, or seduction must be filed within 2 years.
State law
Fault & Liability Rules
You can recover damages as long as your negligence is not greater than that of the defendant(s). Your recovery is reduced by your percentage of fault. If you are 51% or more at fault, you recover nothing.
State law
Damage Caps
Montana does not impose a statutory cap on compensatory damages in general personal injury cases.
Punitive damages require clear and convincing evidence of actual fraud or actual malice. The award may not exceed $10 million or 3% of the defendant's net worth, whichever is less. This cap does not apply to class actions. The court splits the award equally between the plaintiff and the state.
State law
Auto Insurance System
Montana is a fault-based (tort) state. The at-fault driver is responsible for the other party's damages. Montana requires minimum liability coverage of 25/50/20 ($25,000 per person bodily injury, $50,000 per accident bodily injury, $20,000 property damage).
State law
Key Montana Statutes
A defendant whose negligence is greater than 50% is jointly and severally liable for all damages. A defendant whose negligence is 50% or less is only severally liable for their proportional share.
When a person dies due to the wrongful act or neglect of another, the heirs or personal representative may bring an action for damages including loss of companionship, comfort, and support.
Montana applies strict liability for product liability claims. A product seller is liable if the product was in a defective condition unreasonably dangerous to the user or consumer.
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Montana.
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