Montana Personal Injury Settlement Calculator
Montana is a sparsely populated at-fault state with conservative rural juries. Modified comparative fault (51% bar) applies. Settlements tend to be modest outside Billings, though high-speed rural highway accidents can produce more severe injuries and larger claims.
Montana's Modified Comparative Fault Rule
Montana follows modified comparative fault under Mont. Code Ann. § 27-1-702. Your compensation is reduced proportionally by your share of fault — but if you are found 51% or more at fault, you recover nothing from the other driver.
Rural accident dynamics: Montana has extensive rural highway networks with high speed limits. Accidents on Montana highways often involve severe injury mechanisms — but rural counties also tend to have conservative juries that award less for pain and suffering.
No PIP coverage required: Montana is a pure at-fault state. All medical costs must be sought from the at-fault driver's liability insurance, your own collision coverage, or health insurance — there is no automatic PIP to fall back on.
Document everything promptly: In remote rural areas, physical evidence at accident scenes disappears quickly. Early legal action to preserve evidence is especially important in Montana.
Statute of Limitations: 3 Years
| Case Type | Time Limit |
|---|---|
| Personal Injury | 3 years |
| Wrongful Death | 3 years |
| Property Damage | 2 years |
Average Settlements in Montana
Montana settlements reflect the state's lower population density, lower cost of living, and conservative jury culture. Billings, as the state's largest city, sees the highest awards. Rural counties in eastern and central Montana routinely return smaller verdicts. However, severe rural highway accidents involving catastrophic injuries can yield much larger claims.
- Minor injuries (soft tissue, whiplash): $6,000 - $22,000
- Moderate injuries (fractures, surgery): $30,000 - $80,000
- Serious injuries (permanent disability): $120,000 - $400,000
- Catastrophic injuries: $400,000+
Top Cities in Montana
| City | Population | Settlement Trends |
|---|---|---|
| Billings | 117K | Highest in state |
| Missoula | 74K | Moderate |
| Great Falls | 58K | Moderate |
Montana Insurance Minimums
Montana requires drivers to carry the following minimum auto liability insurance coverage:
Required Minimum Coverage (Montana)
- Bodily Injury: $25,000 per person / $50,000 per accident
- Property Damage: $20,000 per accident
Montana requires 25/50/20 minimum auto liability coverage. Uninsured motorist coverage is mandatory at the same limits unless rejected in writing.
Settlement Amounts by Injury Type in Montana
Settlement values vary widely depending on how badly you were hurt. These ranges are based on typical outcomes in Montana courts and insurance negotiations. Your case could be higher or lower depending on the specifics.
| Injury Type | Typical Settlement Range | Multiplier Used |
|---|---|---|
| Whiplash / Soft Tissue | $6,000 - $20,000 | 1.5x - 2.5x |
| Fractures | $25,000 - $70,000 | 2x - 3x |
| Herniated Disc | $30,000 - $95,000 | 2.5x - 3.5x |
| Concussion / Mild TBI | $25,000 - $75,000 | 2x - 3x |
| Burns | $40,000 - $150,000 | 3x - 5x |
| Back / Spinal Injury | $65,000 - $320,000 | 3x - 5x |
| Knee / Shoulder Surgery | $40,000 - $110,000 | 2.5x - 3.5x |
| Wrongful Death | $400,000 - $2,000,000+ | N/A |
These numbers reflect cases where the other party was clearly at fault. If you share some blame, your recovery will be reduced by your percentage of fault under Montana's negligence rules.
Damages Caps in Montana
Montana does not cap compensatory damages in personal injury cases. Punitive damages are limited to $10 million or 3% of the defendant's net worth, whichever is less. Medical malpractice has no separate damages cap.
Frequently Asked Questions
What is Montana's statute of limitations for personal injury?
Montana has a 3-year statute of limitations for personal injury claims (Mont. Code Ann. § 27-2-204). Wrongful death claims must be filed within 3 years. Missing this deadline permanently bars your claim, so timely action is essential, especially in rural areas where gathering evidence can take longer.
How does Montana's modified comparative fault law work?
Montana uses modified comparative fault with a 51% bar (Mont. Code Ann. § 27-1-702). If you are 50% or less at fault, you recover damages reduced by your percentage of fault. If you are 51% or more at fault, you recover nothing. Montana does not require PIP coverage, so all injury claims run through the at-fault driver's liability insurance.
What is the average settlement in Montana?
Montana personal injury settlements average $22,000 to $85,000. Montana is a sparsely populated state with conservative rural juries — especially outside Billings and Missoula. Minor injuries: $6K-$22K. Moderate injuries: $30K-$80K. Serious injuries: $120K-$400K. High-speed rural highway accidents can involve more severe injuries and higher claims.
Related Resources
Ready to Calculate Your Settlement?
Get an instant estimate based on Montana's laws. Free, accurate, no personal information required.
Calculate Now