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Montana Personal Injury Laws

Montana Personal Injury Laws

In This Section:

Montana personal injury laws vary from other state’s laws. Below are the most common personal injury laws in the state of Montana. Understanding your compensation rights and getting the help of an attorney is your first step towards filing a successful Montana personal injury claim.

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Montana Statute of Limitations

(How long do I have to file claims in Montana?)
The Montana statute of limitations for filing personal injury claim is 3 years. Claims for assault and battery must be filed within 2 years. Montana's medical malpractice statute of limitations is 3 years from the date of reasonable discovery (up to a maximum of 5 years). Product liability claims in Montana must be filed within 3 years. These statutes for Montana claims are subject to change, contact a Montana injury attorney for definitive statutes at the time of your accident or injury.

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Car Accident Law in Montana

Montana = Fault State
Montana has adopted a fault-based or "tort liability" system. Compensation is paid by the insurance company of the driver who is determined at fault for the accident. Additionally, if you have been injured in a car accident which was the result of another driver’s actions you may have the right to file a car accident case for uncompensated economic damages such as lost wages and medical expenses and for non-economic damages including pain and suffering.

Montana is a modified comparative fault- 51% bar state

Under the modified comparative fault- 51% bar an injured party can only recover compensation if they are 50% or less at fault for the injury or damages. If your degree of fault is more than 50% you will not receive compensation. Recovery of damages is also reduced by degree of fault.

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Are there Damage Caps in Montana Injury Law?

(How much compensation can I get?)
HB 309 (1995): Mont. Code Ann. § 25 9 411. Limits the award of noneconomic damages in medical malpractice cases to $250,000. Personal injury awards are capped in Montana at $10 million dollars or 3% of the net worth of the defendant. Workers compensation for temporary total disability (TTD), permanent total and permanent partial disability are paid as a part of a percentage of the worker's wage, subject to a weekly maximum payment amount.

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