Montana injury claims

From Billings, Missoula and Bozeman to the rural counties in between, people in Montana are hurt in car crashes, falls, workplace accidents and more. This page covers the Montana-specific rules that frame those claims and how to get a free review from an independent attorney licensed in the state.

Where people get hurt in Montana: cities, roads and industries

The metro areas around Billings, Missoula and Bozeman hold much of Montana's population and traffic, but people in smaller communities are hurt on farm roads, county highways and job sites as well.

Drivers across Montana rely on I-90, I-15, I-94 and US-93. Congestion, speed differences between trucks and cars, and weather all play a part in the crashes reported on these roads.

The state's major industries, agriculture and ranching, mining, tourism near Yellowstone and Glacier and energy, shape the workplace injuries people report, from equipment and vehicle accidents to falls and repetitive strain.

Common injury claims in Montana

Montana's fault rule in plain words

Montana's fault rule is modified comparative negligence, sometimes called the 51% bar. Fault is divided among the people involved; an injured person who is not more at fault than the others can recover a reduced amount, while one who is 51% or more at fault cannot recover.

That is why the evidence from a crash near Billings or a fall in Missoula gets so much attention: the difference between 49% and 51% can decide whether a claim moves forward.

Filing time frames in Montana (general information)

Montana's general time limit for injury lawsuits appears at MCA § 27-2-204, which our sources list as three years for many personal injury claims.

Treat any listed period as a general framework, not a countdown for your situation. Exceptions for minors, delayed discovery, government defendants and specific claim types can change the date, sometimes dramatically. A licensed attorney is the right person to confirm it.

Claims against a government agency in Montana

Getting hurt by a government vehicle, on public property or because of a road defect raises a separate set of rules in Montana.

For claims against the state, the sources we use summarize the Montana rule as: Present to Dept. of Administration first; tolls 120 days (§ 2-9-301). Cities, counties and other local bodies may have their own notice requirements.

If a city vehicle in Billings or a road hazard on a public street is involved, mention it when you file so the reviewing attorney can look at notice issues right away.

Car insurance in Montana: minimums

The minimum liability insurance in Montana is 25/50/20: $25,000 for injuries to one person, $50,000 for all injuries in one accident and $20,000 for property damage.

In Montana, claims after a crash generally go against the at-fault driver's liability insurance. When that driver carries only the minimum, or no insurance, a person's own UM/UIM coverage may fill the gap.

Animal bite liability in Montana

Montana is a statutory state for animal bite claims. Rather than the common-law one-bite approach, owner responsibility generally turns on the statute's terms, with exceptions for things like provocation or a person who was not lawfully on the property.

Report the bite to local animal control in Billings or wherever it happened, get medical care, and see our animal bite claims page for next steps.

Workers' compensation in Montana

Workers' compensation is a no-fault system: injured employees receive benefits for medical care and lost wages without proving their employer was careless, and in exchange the employer is generally protected from being sued. That is often called the exclusive remedy rule.

Comp claims can be disputed when a worker is classified as an independent contractor, when the injury happened outside the course of work, or when notice to the employer was late. For workers in agriculture and ranching or tourism near Yellowstone and Glacier, reporting an injury to a supervisor promptly, in writing, is a good habit.

When someone other than the employer caused the injury, such as an equipment maker or another contractor on a job site in Missoula, a separate third-party claim may be possible.

What to do after an injury in Montana

1. Put your health first: get checked out, follow up, and keep the paperwork.
2. Ask for a report number. Police in Bozeman and a property manager or employer can all create a record that helps later.
3. Save photos, video, receipts, wage records and the other side's insurance details in one place.
4. Don't guess about fault when talking to insurers; stick to the facts you know.
5. File a free claim or call (833) 822-7800 to have an independent attorney licensed in Montana review it.