Montana Pain & Suffering Calculator

Montana does not cap noneconomic damages in ordinary injury cases. The malpractice cap was raised in 2025 to $350,000 for claims first filed in 2026 and keeps rising. Fault is modified comparative, and a defendant at 50% or less pays only its own share.

Cited to MCA 25-9-411 FigureMyTax Editorial Team Free · no sign-up

Estimate your pain & suffering

Enter your economic damages, pick severity, the type of claim, and the fault split.

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Estimated result
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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.

Injured in Montana?

A local personal injury attorney can review your claim — many offer a free consultation.

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This is an estimate for general guidance only and is not legal advice. Figures are based on the cited Montana statutes. Confirm how these rules apply to your specific case with a licensed Montana attorney.