A malpractice cap that rises every year
Montana has no general cap on pain and suffering. Its cap on medical malpractice noneconomic damages was rewritten in 2025 (HB 195): $300,000 on passage, $350,000 from January 1, 2026, $400,000 in 2027, $450,000 in 2028, $500,000 in 2029, and 2% a year afterward. The applicable limit is the one in effect when you first file with the Montana Medical Legal Panel. The jury is not told of the limit, and the court applies the cap before the fault reductions.
Fault follows MCA 27-1-702: you can recover if your negligence is not greater than the combined negligence of the persons you are suing, and a defendant at 50% or less pays only its own share. Claims against government entities are limited to $750,000 per claim and $1,500,000 per occurrence.