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. Whether your injury happened in Billings, Missoula, Bozeman, Great Falls, or on I-90 or I-15, we’ll match you with the right attorney — at no cost to get started.

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.

Why Do You Need a Personal Injury Attorney in Montana?

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.

When Do You Need a Personal Injury Attorney in Montana?

Our network includes Montana personal injury attorneys who handle every kind of case, including:

Types of Personal Injury Cases in Montana

From the moment you connect with a Montana personal injury attorney, they go to work protecting your claim. The most common case types we handle:

Treating the 51% bar as if apportionment doesn’t matter

Missing Montana Tort Claims Act presentment requirements

Misclassifying a medical claim — Medical Legal Panel and $250K cap apply

Underestimating the logistics of cross-state litigation for visitor plaintiffs

Giving a recorded statement to the defendant’s insurer without counsel

Settling before reaching maximum medical improvement and pricing future care

Treating the 51% bar as if apportionment doesn’t matter

Missing Montana Tort Claims Act presentment requirements

Misclassifying a medical claim — Medical Legal Panel and $250K cap apply

Underestimating the logistics of cross-state litigation for visitor plaintiffs

Giving a recorded statement to the defendant’s insurer without counsel

Settling before reaching maximum medical improvement and pricing future care

Common Montana Personal Injury Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Montana Personal Injury Attorneys Cost?

33%

Typical starting contingency fee — you pay nothing unless your attorney recovers compensation for you.

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.

What Can Your Montana Personal Injury Compensation Include?

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.

Non-Economic Damages (No Cap in standard PI)

Pain and suffering, emotional distress, loss of enjoyment — no statutory cap in standard PI cases. Medical malpractice non-economic capped at $250,000 under § 25-9-411.

Punitive Damages (Capped)

Available under Mont. Code Ann. § 27-1-220 for actual fraud or actual malice on a clear-and-convincing showing. Capped at the lesser of $10M or 3% of defendant’s net worth.

Loss of Consortium

Recoverable by the uninjured spouse for loss of companionship, services, and society.

Wrongful Death

Recoverable under Mont. Code Ann. § 27-1-513. Damages include pecuniary loss and loss of society, comfort, and companionship. No statutory cap in standard cases.

Recreational and Outfitter Damages

Montana-specific: outfitter and guide cases under Mont. Code Ann. § 27-1-754 implicate pre-injury releases that are enforced when valid — making the framework of the release and the operator’s negligence the central battleground.

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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.

Montana Personal Injury Attorneys

Why Do You Need a Personal Injury Attorney in Montana?

When Do You Need a Personal Injury Attorney in Montana?

Types of Personal Injury Cases in Montana

Common Montana Personal Injury Mistakes

How Much Do Montana Personal Injury Attorneys Cost?

What Can Your Montana Personal Injury Compensation Include?

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