States With Caps on Pain & Suffering Damages

By the FigureMyTax Editorial Team · How we calculate

Montana is mostly uncapped. The noneconomic cap applies to health care malpractice, and since 2025 it rises every year.

No general cap

Montana has no damage cap on personal injury cases except medical malpractice. For a car crash, a fall or a dog attack, the jury decides pain and suffering without a statutory ceiling.

The malpractice cap, as amended in 2025

Montana raised its cap in HB 195 (2025). Noneconomic damages for a single incident of malpractice are limited to $300,000 on passage, $350,000 from January 1, 2026, $400,000 in 2027, $450,000 in 2028 and $500,000 in 2029, then increase 2% a year from 2030. The limit that applies is the one in effect on the date you first file with the Montana Medical Legal Panel. Many websites still list the old $250,000 figure.

How the cap is applied

The jury is not told about the limit. If awards exceed it, the court reduces them to the cap first, reducing future noneconomic loss before past, and only then makes the comparative-negligence, several-liability and setoff reductions required by law. Economic damages are not capped.

Punitive damages

Under MCA 27-1-220, punitive damages are capped at the lesser of $10 million or 3% of the defendant's net worth, and may be awarded only for actual fraud or malice.

Government defendants

The state and its political subdivisions are limited to $750,000 per claim and $1,500,000 per occurrence, and punitive damages are not available against them.

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.