Montana Wrongful Death Settlement Calculator
Estimate a wrongful death 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 wrongful death claim: how long you have to file, who the state's wrongful death statute says brings the action, the state's comparative fault rule, 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
The personal representative of the decedent's estate may bring the action. Mont. Code Ann. § 27-1-513 reads: “the personal representative of the decedent's estate may maintain an action for damages against the person causing the death” We read this statute only, so it is not a complete account of Montana wrongful death law, and how courts have applied it or divided a recovery is not stated here.
Mont. Code Ann. § 27-1-513·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 32 jurisdictions use. Across the 51 jurisdictions the deadline for this case type runs from 1 year to 3 years.
- We have read the official text of 37 jurisdictions' wrongful death statutes. In 20 the personal representative brings the action, in 7 family members or the personal representative may, and the other 10 name a family member, a trustee or a representative, or name who benefits rather than who sues. Montana's is one of the 20 where the personal representative brings it.
- 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 Wrongful Death 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.