Montana Personal Injury Laws

Montana applies the discovery rule: a cause of action accrues when the plaintiff first discovers, or through reasonable diligence should have discovered, the injury.

The statute of limitations is tolled for minors until they reach age 18, at which point the standard limitation period begins to run.

Wrongful death actions must be filed within 3 years of the date of death. If the death resulted from a homicide, the period is extended to 10 years.

Actions for libel, slander, assault, battery, false imprisonment, or seduction must be filed within 2 years.

Montana does not impose a statutory cap on compensatory damages in general personal injury cases.

Punitive damages require clear and convincing evidence of actual fraud or actual malice. The award may not exceed $10 million or 3% of the defendant's net worth, whichever is less. This cap does not apply to class actions. The court splits the award equally between the plaintiff and the state.

A defendant whose negligence is greater than 50% is jointly and severally liable for all damages. A defendant whose negligence is 50% or less is only severally liable for their proportional share.

When a person dies due to the wrongful act or neglect of another, the heirs or personal representative may bring an action for damages including loss of companionship, comfort, and support.

Montana applies strict liability for product liability claims. A product seller is liable if the product was in a defective condition unreasonably dangerous to the user or consumer.