Montana Medical Malpractice Settlement Calculator
Estimate a medical malpractice settlement under Montana law. The calculator applies this jurisdiction's own comparative fault rule and damages ceilings, and every figure below is the one our verified data holds, with the statute behind it and the date we checked it.
What Montana law does to your claim
Four things in state law shape a malpractice claim: how long you have to file, what must happen before you file, what happens if you were partly at fault, and whether the state puts a ceiling on what a jury can award. Here is what we hold for this one.
Montana bars recovery if plaintiff is 51% or more at fault.
Mont. Code Ann. § 27-1-702·Source retrieved 2026-07-27
Mont. Code Ann. § 27-1-220·Last reviewed 2026-07-30
An application to the medical legal panel, submitted before any complaint is filed in court. Mont. Code Ann. § 27-6-301 reads: “Claimants shall submit a case for the consideration of the panel prior to filing a complaint in any district court or other court sitting in Montana by addressing an application, in writing, signed by the claimant or the claimant's attorney, to the director of the panel.” We read this section only, so it is not a complete list of what Montana requires before a suit.
Mont. Code Ann. § 27-6-301·Last reviewed 2026-10-16
None on record means our verified data holds no figure of this kind for this state. It is not a finding that no limit could apply to your claim.
What partial fault costs you in Montana
The same claim, fracture with surgery, several months of recovery, run through the calculator above four times, with nothing changed but the share of fault assigned to the claimant. The numbers are the engine's output, not an editorial claim about what these cases are worth.
One case, run through the calculator above four times with only the claimant's share of fault changed, under Montana law. No coverage ceiling is applied, because we would be inventing the at-fault party's policy. These shares illustrate the rule; they are not an estimate of your own fault.
Every Montana deadline we hold
A claim can be more than one kind of case, and the clock is different for each. These are the Montana periods in our verified data, with the statute behind each one. A deadline is the outside limit, never a target, and other rules can shorten it.
Mont. Code Ann. § 27-2-204·Source retrieved 2026-07-27
Open the personal injury calculatorMont. Code Ann. § 27-2-205·Source retrieved 2026-07-27
Open the medical malpractice calculatorMont. Code Ann. § 27-2-204(2)·Source retrieved 2026-07-27
Open the wrongful death calculatorMont. Code Ann. 39-71-601·Last reviewed 2026-07-28
Open the workers compensation calculatorMont. Code Ann. § 27-2-204·Source retrieved 2026-07-27
Open the slip and fall calculatorMontana against the rest of the country
Every count below is read from our state-law data across all 51 jurisdictions, so it moves when the data does. What you will not find here is an average settlement figure: the only one we could compute is a model, and a model presented as a measurement is not a fact.
- 24 of the 51 jurisdictions we track apply modified comparative negligence with a 51% bar, and Montana is one of them.
- Its 3 years to file is longer than the 2 years that 31 jurisdictions use. Across the 51 jurisdictions the deadline for this case type runs from 1 year to 4 years.
- We have read the official text of 26 jurisdictions' rules on what must come before a malpractice suit, and 25 of them require something: a notice to the provider, an expert's affidavit, certificate or opinion, or a review panel. Montana is one of them.
- 23 of the 51 jurisdictions limit medical malpractice non-economic damages in our data, and Montana is one of them at $250,000, so a large non-economic award can be reduced to it.
Comparisons are drawn from the legal levers that actually move a case value, not from closed-case data, which we do not hold. See the full methodology
Montana calculators
Montana Medical Malpractice questions
Every document behind our state injury law figures, each linked with the date we last read it, is listed on our State Injury Law research sources page.