Severity and the Pain & Suffering Multiplier

By the FigureMyTax Editorial Team · How we calculate

In Montana the multiplier is unconstrained for ordinary injuries. What limits it is the type of defendant and how fault is split.

What moves the multiplier

• Permanence. A fully healed fracture supports a lower multiplier than a lasting impairment.
• Future treatment. Ongoing therapy, surgery or medication pushes toward the high end.
• Disfigurement. Permanent visible changes tend to be valued more heavily.
• Daily life. Documented loss of work, activity or family care strengthens the case.
• Documentation. Records, a pain journal and photos make a higher multiplier easier to justify.

Ordinary claims: no ceiling

Outside malpractice, Montana has no cap on personal injury damages, so a severe injury can support a high multiplier and the jury decides the figure.

Malpractice: the wall

In a malpractice claim, MCA 25-9-411 limits noneconomic damages to $350,000 for claims first filed in 2026. With a 4x multiplier, that ceiling is reached at only about $87,500 of economic damages, so documenting economic losses matters most.

Fault decides how much you collect

Under MCA 27-1-702, your recovery is reduced by your share of fault, and barred if your fault is greater than the negligence of the persons you are suing, taken together. Under MCA 27-1-703, a defendant at 50% or less pays only its own percentage, so a large award spread across several defendants depends on what each can pay.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Montana's rules apply to your specific case with a licensed Montana attorney.