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Montana · State edition

Montana Slip and Fall Settlement Calculator

Estimate a slip and fall 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.

Slip and Fall Settlement Calculator
Enter your case details
Economic damages
What you've lost in dollars
$
$
$
$
Injury
Used to select a pain & suffering multiplier
Injury severity
Expected recovery
Liability & coverage
These can cap or reduce your recovery
$
Live estimate
Case #3160
Estimated Net Take-Home
$56,160
Likely range $39,312 to $78,624
Breakdown
Economic damages$64,500
Pain & suffering (×2.85)$183,825
Comparative fault (−15%)−$37,249
Coverage / policy cap−$111,076
Attorney fees (33.3%)−$33,300
Case costs−$5,500
Medical liens−$5,040
Net to client$56,160
Your case value exceeds the at-fault party's $100,000 policy limit. The estimate here is capped at that limit. Recovery above it would have to come from another source, such as another policy (including Underinsured Motorist coverage) or the at-fault party directly.
Statute of limitations in Montana: 3 years to file this claim.
This estimate is for informational and planning purposes only. It is not legal advice, financial advice, or a guarantee of any outcome. Every case is different. Consult a licensed attorney in your state for advice specific to your situation.
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Verified state law

What Montana law does to your claim

Four things in state law shape a slip and fall claim: how long you have to file, how soon a government must be told when it owns the property, 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.

Slip and fall
3 years

Mont. Code Ann. § 27-2-204·Source retrieved 2026-07-27

Comparative fault rule
modified comparative negligence with a 51% bar

Montana bars recovery if plaintiff is 51% or more at fault.

Mont. Code Ann. § 27-1-702·Source retrieved 2026-07-27

Non-economic damages (pain and suffering)
None on record
Punitive damages
lesser of $10,000,000 or 3% of defendant net worth

Mont. Code Ann. § 27-1-220·Last reviewed 2026-07-30

If a government owns the property
Claim before suit

A claim against the state must be presented in writing to the department of administration, and a complaint may not be filed in district court until the department has finally denied it; the department must decide within 120 days, and not deciding counts as a denial. A claim against a political subdivision must be presented to and filed with its clerk or secretary. Mont. Code Ann. § 2-9-301 reads: “(1) All claims against the state arising under the provisions of parts 1 through 3 of this chapter must be presented in writing to the department of administration. (2) A complaint based on a claim subject to the provisions of subsection (1) may not be filed in district court unless the claimant has first presented the claim to the department of administration and the department has finally denied the claim. The department must grant or deny the claim in writing within 120 days after the claim is presented to the department. The failure of the department to make final disposition of a claim within 120 days after it is presented to the department must be considered a final denial of the claim for purposes of this subsection.” and “(3) All claims against a political subdivision arising under the provisions of parts 1 through 3 shall be presented to and filed with the clerk or secretary of the political subdivision.” We read this section only, so it is not a complete account of suing a government in Montana.

Mont. Code Ann. § 2-9-301·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.

The fault rule, in dollars

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.

0% at fault
$83,576
25% at fault
$53,186
50% at fault
$31,632
51% at fault
$0
Barred under this rule

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.

Filing deadlines

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.

Personal injury
3 years

Mont. Code Ann. § 27-2-204·Source retrieved 2026-07-27

Open the personal injury calculator
Medical malpractice
3 years

Mont. Code Ann. § 27-2-205·Source retrieved 2026-07-27

Open the medical malpractice calculator
Wrongful death
3 years

Mont. Code Ann. § 27-2-204(2)·Source retrieved 2026-07-27

Open the wrongful death calculator
Workers compensation
1 year

Mont. Code Ann. 39-71-601·Last reviewed 2026-07-28

Open the workers compensation calculator
Slip and fall
3 years

Mont. Code Ann. § 27-2-204·Source retrieved 2026-07-27

Open the slip and fall calculator
Dog bite
3 years

Mont. Code Ann. § 27-2-204·Source retrieved 2026-07-27

Open the dog bite calculator
How this state compares

Montana 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 25 jurisdictions use. Across the 51 jurisdictions the deadline for this case type runs from 1 year to 6 years.
  • We have read the official text of 30 jurisdictions' rules on the notice or claim a government must receive before an injury suit, and Montana is one of them: claim before suit, under Mont. Code Ann. § 2-9-301.
  • 7 of the 51 jurisdictions limit non-economic damages (pain and suffering) in our data and Montana is not among them, so an estimate here is not held down by a ceiling we hold.

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 Slip and Fall 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.