Montana Medical Malpractice Settlement Calculator
Estimate what a Montana medical malpractice claim might be worth. Montana caps non-economic (pain-and-suffering) damages at $350,000. Economic damages are not capped. This is an estimate to understand the factors — not a prediction or an offer.
A rough estimate, not a prediction or an offer.
Medical malpractice is one of the hardest claims to prove and value. This shows how Montana's damage cap and fault rule shape a rough range — actual outcomes depend on expert proof of the standard of care, the facts, and negotiation. Consult a Montana medical-malpractice attorney about your case.
Montana damage cap
Montana caps non-economic (pain-and-suffering) damages at $350,000. Economic damages are not capped.
Enter the medical bills and losses to see an estimated range
This estimator applies the multiplier method to your medical bills, then Montana's medical-malpractice damage cap and comparative-fault rule. It does not assess whether the provider actually breached the standard of care, which is the core of any med-mal case and requires expert testimony. Most states also require a pre-suit affidavit/certificate of merit and have a short, strict filing deadline. This is not legal advice and RecordingLaw.com is not a law firm.
Montana's Medical Malpractice Damage Cap
Montana caps non-economic (pain-and-suffering) damages at $350,000. Economic damages are not capped.
Montana caps noneconomic (pain-and-suffering) damages in medical malpractice claims under MCA 25-9-411. The cap was historically $250,000 but was raised by 2025 legislation to an escalating schedule: $300,000 (effective March 27, 2025), $350,000 (Jan 1, 2026), $400,000 (Jan 1, 2027), $450,000 (Jan 1, 2028), $500,000 (Jan 1, 2029), then +2% annually beginning Jan 1, 2030. The 2026 figure is $350,000. The applicable limit is the one in effect on the date the claimant first files with the Montana Medical Legal Panel (or, if not subject to the panel, the date suit is filed), not the date of injury or judgment. The cap applies to total past and future noneconomic loss for claims against one or more providers from a single incident. Economic damages are not capped.
Source: Mont. Code Ann. § 25-9-411.
Deadline to File a Montana Malpractice Claim
Montana generally requires a medical-malpractice lawsuit to be filed within 3 years (the statute of limitations). MCA 27-2-205: 3 years from date of injury, or 3 years after the injury is discovered or should have been discovered, but in no event more than 5 years from the date of injury (statute of repose). Exceptions for foreign objects left in the body and fraudulent concealment toll the repose period. Minors under 4 may file by their 8th birthday or within the limitation period, whichever is longer. Miss the deadline and the claim is usually barred no matter how strong it is, so do not wait to talk to an attorney.
How the Estimate Works
No tool can predict a malpractice settlement. This estimator adds your economic damages (medical bills and lost wages, which are generally not capped), estimates pain and suffering with the multiplier method, then applies Montana's damage cap and comparative-fault rule. The hard part of any malpractice case — proving the provider breached the standard of care — is assumed here and must be established with expert testimony. Use the pain and suffering calculator to explore the non-economic piece, or read about what different injuries are worth.
Frequently Asked Questions
Does Montana cap medical malpractice damages?
Montana caps non-economic (pain-and-suffering) damages at $350,000. Economic damages are not capped.
How much is a Montana malpractice case worth?
No one can tell you a number in advance. A rough estimate adds your economic damages (medical bills, lost wages) and a pain-and-suffering multiplier, then applies Montana's damage cap and fault rule. The real value depends on proving the standard of care was breached, the facts, and negotiation — an attorney is the only way to value your specific case.
How long do I have to file in Montana?
Generally 3 years. MCA 27-2-205: 3 years from date of injury, or 3 years after the injury is discovered or should have been discovered, but in no event more than 5 years from the date of injury (statute of repose). Exceptions for foreign objects left in the body and fraudulent concealment toll the repose period. Minors under 4 may file by their 8th birthday or within the limitation period, whichever is longer.
Are economic damages capped?
In most cap states, no — caps usually apply only to non-economic (pain and suffering) damages, while medical bills and lost wages are recovered in full. A few states (like Indiana, Louisiana, Nebraska, New Mexico, and Virginia) cap total damages instead.
Is this calculator accurate?
It is a rough estimate to show the factors that drive value, especially the cap — not a prediction or an offer. Real malpractice settlements vary enormously and depend on expert proof. Treat any number here as a ballpark and consult a Montana malpractice attorney.
Disclaimer
This estimator is for general informational purposes only and is not legal advice or a prediction of any outcome. RecordingLaw.com is not a law firm. Medical-malpractice law, including damage caps, changes frequently and caps are often litigated; figures are current as of 2026-06-02. The value of a malpractice claim can only be assessed by a licensed attorney reviewing your specific facts and the medical record.