Montana

Find an Attorney in Montana

Montana is the only state with statutory just-cause employment protection for non-probationary employees — the Wrongful Discharge from Employment Act effectively eliminates at-will firing in Montana. Add 51% modified comparative fault and 3-year PI SOL, and Montana’s legal climate is distinctive.

Practice areas in Montana

Common questions about Montana attorneys

Three years from the date of injury under Mont. Code § 27-2-204 for most negligence claims. Claims against the State require notice under the Montana Tort Claims Act. Medical malpractice has the same 3-year SOL under § 27-2-205, with discovery-rule extensions.
The WDFEA (Mont. Code § 39-2-901) is unique in the U.S. — it effectively eliminates at-will employment for non-probationary workers. After a probationary period (typically up to 12 months, or as set by the employer in writing), an employer can only fire an employee for "good cause." A discharge in retaliation for refusing to violate public policy, in violation of the employer’s written personnel policy, or without good cause violates the Act. Damages are limited but include lost wages and possibly punitives.
Under Mont. Code § 27-1-702, you can recover only if your fault is 50% or less. At 51% or more, you recover nothing. The jury assigns percentages, and your damages are reduced by your share. Montana adopted comparative fault in 1975.
Mont. Code § 27-6-101 requires medical-malpractice plaintiffs to first submit claims to the Montana Medical Legal Panel — a non-binding pre-suit review. The Panel issues findings that can be admissible at trial. The system is designed to encourage settlement and screen non-meritorious claims at the pre-suit stage.
Montana workers’ comp runs through the Workers’ Compensation Court under Mont. Code § 39-71 — one of only a few states with a dedicated workers’ comp court. You file with the carrier, attend mediation, and proceed to trial before a Workers’ Compensation Judge if not resolved. Income benefits are 66 2/3% of average weekly wage up to a state maximum. Medical treatment is employer-directed within a managed-care arrangement.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.