Montana Personal Injury Attorneys

At DearLegal, we connect you with experienced Montana personal injury attorneys who understand the state’s 51% comparative fault bar, the Montana Tort Claims Act, and the unique challenges of litigating across Montana’s vast geography.

Free to use — no fee unless you win
Matched with a Montana attorney in 24 hours
30,000+ plaintiffs served nationwide

Free Montana personal injury case review

A Montana attorney will take a look. Or call 1-833-WELEGAL.

How we match your Montana personal injury case

When you submit a Montana personal injury matter, we route it through a national network of independent partner firms and put it in front of the one that fits best — based on the kind of case it is, what it is likely to involve, where it has to be handled, and who has capacity to take it on now.

Case type

A personal injury matter needs someone who handles personal injury work day to day, not a generalist. Practice area is the first filter.

Size and complexity

Some firms are built for catastrophic injury and multi-party litigation; others resolve straightforward claims quickly. We weigh what your matter is likely to involve against how each firm actually works.

Jurisdiction and licensing

Your matter is decided under Montana law, so it goes to an attorney licensed in Montana who regularly appears where your case would be heard.

Capacity and fit

Availability, conflicts of interest and language all matter. If the best-fit firm cannot take your case, we route it to the next one that can — or tell you plainly when no one in the network is the right answer.

Every partner reviews your case for free. Injury and workers’ compensation matters are handled on contingency — no fee unless you win. Other matters are quoted upfront, before you commit to anything.

Get started How DearLegal works

DearLegal provides marketing and matching services and is not a law firm. Submitting a case does not create an attorney-client relationship. Matches depend on case type, jurisdiction and firm availability.

Exhibit A

What happens with a personal injury claim in Montana

Day 0
It happens.
Get medical care and keep every record — photos, names, the report number. In Montana, what you document now is what your claim is built on.
Within 24 hours
Tell us what happened.
Two minutes on this page. A Montana personal injury attorney reviews it for free and, if it’s a fit, you’re matched within 24 hours.
Weeks 1–4
Your attorney builds the file.
Reports, medical records, witnesses, camera footage, insurance policies. This is the part insurers hope you skip.
Months 1–6
Demand and negotiation.
Your attorney sends a demand and negotiates with the insurer. Montana’s fault rule matters here — Modified comparative fault, 51% bar (Mont. Code Ann. § 27-1-702) — no recovery if your fault is greater than the combined fault of all persons.
Before the 3-year deadline
Suit is filed if it has to be.
Montana gives 3 years from the date it happened. Filing keeps your leverage; missing it ends the claim.
Resolution
Settlement or verdict.
You pay nothing along the way. The fee — typically 33% — comes only out of what’s recovered. If nothing is recovered, you owe nothing.

Statute of Limitations: 3 years
3 years from the date of injury (Mont. Code Ann. § 27-2-204)
Fault Rule: 51%
Modified comparative fault, 51% bar (Mont. Code Ann. § 27-1-702) — no recovery if your fault is greater than the combined fault of all persons
Damages Cap: No cap
No general cap on compensatory damages in standard PI. Montana Tort Claims Act caps state claims at $750,000 per claim / $1.5M per occurrence under § 2-9-108. Medical malpractice non-economic cap $250,000 under § 25-9-411.
Government-Claim Notice: Tort Claims
Montana Tort Claims Act: present state claims to the Department of Administration (Mont. Code Ann. § 2-9-301); political subdivisions have separate procedures.
Joint and Several Liability: 50%
Modified — defendants 50% or more at fault are jointly liable; less than 50% are severally liable (Mont. Code Ann. § 27-1-703).
Typical attorney fee: 33%
33%–40% contingency — no fee unless you win

Montana applies modified comparative fault with a 51% bar under Mont. Code Ann. § 27-1-702 — recovery is barred if your fault is greater than the combined fault of all persons. The standard PI SOL is three years under Mont. Code Ann. § 27-2-204. The Montana Tort Claims Act (Mont. Code Ann. § 2-9-101 et seq.) caps damages against the state at $750,000 per claim / $1.5M per occurrence under § 2-9-108 (with no cap for some specific circumstances), and requires presentment of state claims. Montana’s vast geography, recreational economy (skiing at Big Sky, hiking in Glacier and Yellowstone), and ranching industry generate distinctive case profiles.

Exhibit B

When to call a personal injury attorney in Montana

Does any of this sound like you? Tap what applies.

Exhibit C

Personal Injury cases we take in Montana

Which one is closest to yours?

Slip and fall on premises

Montana premises liability turns on actual or constructive notice. Winter ice and snow cases are common and turn on the reasonableness of inspection and treatment.

Sound like yours? A Montana attorney reviews it free — no fee unless they win.

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Exhibit D

How much do Montana personal injury attorneys cost?

Sample settlement statement

Montana · Personal Injury

Recovery$100,000

Attorney fee · 33%− $33,000

Case costs (advanced by firm)repaid at the end

To you$67,000

Due today$0

Try a different recovery$100,000

$5,000$3,000,000

Illustrative only. Your fee terms are set in a written agreement with your attorney and may include costs and expenses regardless of outcome.

Most Montana personal injury attorneys work on contingency: the fee is a share of what they recover, and nothing if they don’t.

Personal injury attorneys in Montana work on a contingency fee basis — typically 33% to 40% of the total recovery. Montana’s recreational and outfitter cases, along with the MTCA framework, make experienced local counsel valuable. Case expenses are typically advanced by the firm and deducted from the final recovery.

A good attorney walks through every number at your free consultation — before you sign anything.

Get startedTakes about two minutes. No obligation.

Exhibit E

What your Montana personal injury compensation can include

A Montana personal injury recovery is built from several parts. Tap one to see what it covers.

Economic Damages (No Cap in standard PI)

Past and future medical bills, lost wages, lost earning capacity, and out-of-pocket costs — uncapped in standard PI cases. State claims subject to MTCA caps.

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.

Exhibit F

Montana personal injury questions, answered

Still unsure? Tell us what happened and a Montana attorney will review it for free.

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Three years from the date of injury under Mont. Code Ann. § 27-2-204. Wrongful death is three years under § 27-2-204(3). Montana Tort Claims Act presentment is required separately for state claims.

Under Mont. Code Ann. § 27-1-702, your recovery is reduced by your percentage of fault, but if your fault is greater than the combined fault of all persons you recover nothing. Combined with the modified joint-and-several rule at 50%, apportionment drives the math.

Auto, truck, and motorcycle crashes; slip-and-falls; ski injuries (Big Sky, Whitefish); recreational injuries (Yellowstone, Glacier); dog bites; defective products; medical malpractice; nursing home neglect; premises liability; negligent security; workplace third-party claims (ranching, energy, logging); and wrongful death.

You look at your own uninsured/underinsured motorist coverage, homeowner’s or commercial policies, and any vicarious-liability defendants. Montana requires UM coverage and offers UIM with affirmative written rejection.

Most settle, but Yellowstone, Missoula, and Gallatin county juries return real verdicts when liability is clear. Defense insurers know which firms try cases.

The Montana Tort Claims Act applies, with state claims presented through the Department of Administration. Damages capped at $750,000 per claim / $1.5M per occurrence under § 2-9-108. Political subdivisions have their own procedures.

Montana personal injury attorneys typically take cases on a contingency basis — no upfront cost, and they’re paid a percentage of the recovery only if they win. Typical fees range from 33% to 40% depending on whether the case settles or goes to trial. Case expenses are normally advanced by the firm.