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Montana Personal Injury Overview
Personal injury law involves civil claims in which an individual is injured through the negligence, recklessness or intentional misconduct of another person, a company, or property owner. A personal injury lawsuit may arise from physical or emotional injuries. Personal injury law compensates individuals injured as a result of another’s negligence or intentional misconduct. Personal injury laws vary from state to state. If you believe you have a personal injury claim, you should contact a personal injury lawyer in Montana to evaluate your claim.
Montana follows a system using the modified comparative negligence – 51% rule. In states following a modified comparative fault – 51% rule, an injured party can only recover if it is determined that his or her fault in causing the injury does not reach 51%. If the injured party was 50% or less at fault, he or she may still recover damages. However, if a plaintiff’s fault reaches 51%, he or she recovers nothing. In other words, a plaintiff may have caused half of the accident and still recover damages from the court, but if it is found that the plaintiff’s fault was responsible for more than half of the accident, that plaintiff is barred from receiving any damages determined by the court. Here, as in a pure comparative negligence state, a plaintiff’s recovery is reduced by the degree of his or her fault. For example, if Debbie sued Dave for damages she suffered in a car accident involving their vehicles, and Debbie was 51% at fault, Debbie would not recover anything from Dave. If, however, Debbie was 40% at fault, she could recover damages, but the damage award would be reduced by her portion of the fault in causing the injury. Therefore, a finding that Debbie suffered $10,000 in damages would result in Debbie receiving an award reduced by 40%, or a final award of $6,000.
Click here to read about contributory vs. comparative negligence.
A statute of limitations is a type of law that restricts the period of time that a person may initiate legal proceedings. Time limits can vary depending on the type of case and the state where the particular cause of action occurred. To learn more about statutes of limitations, read our Statute of Limitations page. To see a state by state comparison chart for the personal injury statute of limitations for each state, read our Statute of Limitations for Personal Injury Actions page.
Montana Statutes of Limitations
In Montana, the courts currently follow a modified joint and several liability approach in entering judgment against multiple defendants. If a defendant is found to be more than 50% liable for the injury, joint and several liability applies. However, if a defendant is found to be less than 50% liable for the injury, that defendant is responsible only for the proportion of negligence attributed to him or her.
Click here for more about Joint and Several Liability.
One of the best ways to research personal injury lawyers in Montana is to contact courts in MT and ask them for information about the personal injury attorneys who utilize their legal facilities when they bring personal injury cases to court. We have compiled a list below of some courts in Montana to get you started:
Supreme Court
Montana Supreme Court
Justice Building
215 N. Sanders
P.O. Box 203001
Helena, Montana 59620-3001
406-444-5490
District Courts
1st Judicial District Court of Montana – Broadwater County
515 Broadway Street
Townsend, MT 59644-2397
406-266-9236
1st Judicial District Court of Montana – Lewis & Clark County
228 Broadway Street
Helena, MT 59601-4263
406-447-8216
2nd Judicial District Court of Montana – Silver Bow County
155 W. Granite Street, Rm. 313
Butte, MT 59701
406-497-6350
3rd Judicial District Court of Montana – Deer Lodge County
800 South Main
Anaconda, MT 59711-2999
406-563-4040
3rd Judicial District Court of Montana – Granite County
220 North Sansome
P.O. Box 399
Philipsburg, MT 59858
406-859-3712
3rd Judicial District Court of Montana – Powell County
409 Missouri Avenue
Deer Lodge, MT 59722
406-846-3680
4th Judicial District Court of Montana – Mineral County
300 River Street
P.O. Box 129
Superior, MT 59872
406-822-3538
4th Judicial District Court of Montana – Missoula County
200 West Broadway
Missoula, MT 59802-4292
406-258-4780
5th Judicial District Court of Montana – Beaverhead County
2 South Pacific Street, #5
Dillon, MT 59725
406-683-3725
5th Judicial District Court of Montana – Jefferson County
201 Centennial
P.O. Box H
Boulder, MT 59632
406-225-4042
5th Judicial District Court of Montana – Madison County
100 Wallace Street
P. O. Box 185
Virginia City, MT 59755
406-843-4230
6th Judicial District Court of Montana – Park County
414 East Callender Street
Livingston, MT 59047-2799
406-222-4125
6th Judicial District Court of Montana – Sweet Grass County
200 West 1st
P.O. Box 698
Big Timber, MT 59011-0698
406-932-5154
7th Judicial District Court of Montana – Dawson County
207 West Bell Street
Glendive, MT 59330-1694
406-377-3967
7th Judicial District Court of Montana – McCone County
1004 C Avenue
P. O. Box 199
Circle, MT 59215
406-485-3410
7th Judicial District Court of Montana – Prairie County
217 West Park Street
P.O. Box 125
Terry, MT 59349-0125
406-635-5575
7th Judicial District Court of Montana – Richland County
201 West Main Street
Sidney, MT 59270
406-433-1709
7th Judicial District Court of Montana – Wibaux County
203 Wibaux Street
P.O. Box 292
Wibaux, MT 59353
406-796-2484
8th Judicial District Court of Montana – Cascade County
415 – 2nd Avenue North
Great Falls, MT 59401
406-454-6780
9th Judicial District Court of Montana – Glacier County
512 East Main Street
Cut Bank, MT 59427-3016
406-873-5063
9th Judicial District Court of Montana – Pondera County
20 – 4th Avenue SW
Conrad, MT 59425-2340
406-271-4026
9th Judicial District Court of Montana – Teton County
Courthouse – 1 Main Ave S
P.O. Box 487
Choteau, MT 59422-0487
406-466-2909
9th Judicial District Court of Montana – Toole County
226 – 1st St. S
P.O. Box 850
Shelby, MT 59474-1920
406-424-8330
10th Judicial District Court of Montana – Fergus County
712 West Main
P.O. Box 1074
Lewistown, MT 59457-1074
406-538-5026
10th Judicial District Court of Montana – Judith Basin County
11 – Third Street North
P.O. Box 307
Stanford, MT 59479
406-566-2277
10th Judicial District Court of Montana – Petroleum County
201 East Main
P.O. Box 226
Winnett, MT 59087-0226
406-429-5311
11th Judicial District Court of Montana – Flathead County
800 S. Main-mailing address
920 S. Main-physical location
Kalispell, MT 59901-5400
406-758-5870
12th Judicial District Court of Montana – Chouteau County
1308 Franklin
P.O. Box 459
Fort Benton, MT 59442-0459
406-622-5024
12th Judicial District Court of Montana – Hill County
315 – 4th Street
Hill County Courthouse
Havre, MT 59501-3999
406-622-5024
12th Judicial District Court of Montana – Liberty County
111 – 1st Street East
P. O. Box 549
Chester, MT 59522-0549
406-759-5615
13th Judicial District Court of Montana – Yellowstone County
217 N. 27th Street
P.O. Box 35030
Billings, MT 59107
406-256-2851
14th Judicial District Court of Montana – Golden Valley County
P.O. Box 10
Ryegate, MT 59074
406-568-2231
14th Judicial District Court of Montana –Meagher County
15 Main St.
P.O. Box 443
White Sulphur Springs, MT 59645
406-547-3612 ext. 110
14th Judicial District Court of Montana – Musselshell County
506 Main Street
Roundup, MT 59072
406-323-1413
14th Judicial District Court of Montana – Wheatland County
201 A Avenue NW
P.O. Box 227
Harlowton, MT 59036-0227
406-632-4893
15th Judicial District Court of Montana – Daniels County
213 Main
P.O. Box 67
Scobey, MT 59263-0067
406-487-2651
15th Judicial District Court of Montana – Cheryl Olson
100 West Laurel Avenue
Plentywood, MT 59254
406-765-3404
15th Judicial District Court of Montana – Roosevelt County
400 – 2nd Avenue S
Wolf Point, MT 59201
406-653-6266
16th Judicial District Court of Montana – Carter County
214 Park Street
P. O. Box 322
Ekalaka, MT 59324-0322
406-775-8714
16th Judicial District Court of Montana – Custer County
1010 Main Street
Miles City, MT 59301-3419
406-874-3326
16th Judicial District Court of Montana – Fallon County
10 West Fallon
P.O. Box 1521
Baker, MT 59313-1521
406-778-7114
16th Judicial District Court of Montana – Garfield County
P. O. Box 8
Jordan, MT 59337-0008
406-557-6254
16th Judicial District Court of Montana – Powder River County
Courthouse Square
P.O. Box 239
Broadus, MT 59317-0239
406-436-2320
16th Judicial District Court of Montana – Rosebud County
1200 Main
P.O. Box 48
Forsyth, MT 59327
406-346-7322
16th Judicial District Court of Montana – Treasure County
307 Rapelje
P.O. Box 392
Hysham, MT 59038-0392
406-342-5547
17th Judicial District Court of Montana – Blaine County
400 Ohio Street
P.O. Box 969
Chinook, MT 59523-0969
406-357-3230
17th Judicial District Court of Montana – Phillips County
304 S. 2nd Ave. W.
P.O. Box 530
Malta, MT 59538-0530
406-654-1023
17th Judicial District Court of Montana – Valley County
501 Court Square #6
Glasgow, MT 59230
406-228-6268
18th Judicial District Court of Montana – Gallatin County
615 South 16th, Room 302
Bozeman, MT 59715-4107
406-582-2165
19th Judicial District Court of Montana – Lincoln County
512 California
Libby, MT 59923
406-293-7781
20th Judicial District Court of Montana – Lake County
106 – 4th Ave. E
Polson, MT 59860-2125
406-883-7254
20th Judicial District Court of Montana – Sanders County
P.O. Box 519
Thompson Falls, MT 59873
406-827-6962
21st Judicial District Court of Montana – Ravalli County
205 Bedford Street, Ste. D
Hamilton, MT 59840-2835
406-375-6214
22nd Judicial District Court of Montana – Big Horn County
121 West 3rd Street – Box 908
Hardin, MT 59034
406-665-9750
22nd Judicial District Court of Montana – Carbon County
102 N. Broadway
P. O. Box 948
Red Lodge, MT 59068-0948
406-446-1225
22nd Judicial District Court of Montana – Stillwater County
400 3rd Avenue North
P.O. Box 367
Columbus, MT 59019-0367
406-322-8030
