A Montana injury claim is worth what the evidence can prove, limited by your share of fault and by the insurance or other money available to pay it. The main factors are the seriousness of the injury and its treatment, your documented losses, the percentage of fault assigned to you, the insurance limits, who the defendant is, and the liens that must be repaid from a recovery. There is no formula, no multiplier, and no reliable average. This page explains each factor. It is part of the Compare section of our Montana Injury Claim Guide; for the steps of a settlement, see how a Montana car accident settlement works.
The Factors at a Glance
| Factor | What it means | How it moves the claim |
|---|---|---|
| Your injuries and treatment | How serious the injury is, how long treatment lasts, and whether anything is permanent. | Up with documented, consistent care; down with gaps and unexplained stops. |
| Your share of fault | The percentage of negligence assigned to you. | Reduces the recovery by that share, and bars it if your share is greater (MCA § 27-1-702). |
| Available insurance | The at-fault party's limits and your own coverages. | Sets a practical ceiling unless there is another source (MCA §§ 61-6-103, 33-23-201). |
| Proof of each loss | Bills, pay records, and how the injury changed your daily life. | A loss you cannot show is a loss the insurer will not pay. |
| Who the defendant is | A private person or company, or a government body. | Government liability is capped (MCA § 2-9-108). |
| Liens and repayment rights | Providers, Medicaid, and comp insurers who must be repaid. | Reduce what you take home, not the claim itself (MCA §§ 71-3-1114, 53-2-612, 39-71-414). |
Your Injuries, Treatment, and Records
The medical record is where the value of an injury claim is built. An adjuster reads it for three things: how serious the injury was, whether the treatment was consistent, and whether anything is lasting. A claim with steady care and clear notes about your limits is easier to value than one with long gaps, because a break in treatment is the first thing an insurer points to as proof you recovered. Our article on how gaps in medical treatment hurt an injury claim explains why, and what to do if life got in the way.
This is also why timing matters. Until your condition has stabilized, nobody knows what future care will cost or whether an injury is permanent, and a claim settled before then is valued on a guess.
Your Share of the Fault
Montana uses comparative negligence. You can recover if your negligence was not greater than the negligence of the person, or the combined negligence of all the persons, you claim against, but your damages are reduced in proportion to your share (MCA § 27-1-702). Fault is often where the largest argument about value happens, because every point of fault assigned to you comes straight off the claim, and a share greater than the other side's ends it. Our article on comparative negligence covers how the percentage is argued.
The Insurance Available
A claim can be worth more than anyone is able to pay. Montana's minimum liability policy covers $25,000 for bodily injury to one person and $50,000 for two or more people in one accident (MCA § 61-6-103). When the at-fault driver carries only that, the insurance limit, not the injury, often sets the practical ceiling. That is why the coverage search matters: your own uninsured motorist coverage, which Montana policies include unless the named insured rejected it (MCA § 33-23-201), any underinsured motorist coverage you bought, and anyone else who shares responsibility. See what Montana's minimum car insurance covers.
Proof of What You Lost
Each part of a claim has to be shown, not just described. Medical bills are shown by the bills themselves. Lost income is shown by pay stubs, tax returns, or a letter from your employer about the time you missed. The harder losses, such as pain, limits on what you can do, and the effect on your family and work, are shown through your medical records, the people who know you, and your own consistent account. A loss you cannot document is one an insurer will treat as not having happened.
Who Is Responsible, and Who Gets Repaid
The defendant matters. A claim against the State, a county, a city, or another political subdivision is capped at $750,000 for each claim and $1.5 million for each occurrence (MCA § 2-9-108), and government bodies are immune from punitive damages (MCA § 2-9-105). Against a private defendant, punitive damages are possible only in limited cases and are capped at $10 million or 3% of the defendant's net worth, whichever is less (MCA § 27-1-220). They are not something to count on.
Finally, look at what you take home. Treating providers who serve the required notice have a lien on settlement money (MCA § 71-3-1114); Medicaid has a lien for medical assistance it paid for the injury (MCA § 53-2-612); and if you were hurt at work, the comp insurer has a subrogation lien on a third-party recovery (MCA § 39-71-414). Two offers with the same headline number can leave you with very different amounts. See who pays your medical bills while the claim is open.
Why There Is No Formula
Online calculators and "multiplier" rules promise a number from a few inputs. No Montana statute sets such a formula, and a figure that ignores your records, your share of fault, and the insurance limits can lead you to accept too little or hold out for something no one can pay. A lawyer who names a value before seeing your records is guessing. Montana's advertising rules treat a lawyer communication likely to create an unjustified expectation about results as misleading, for the same reason.
If you are thinking about getting help with the valuation, start with what it would cost. Our page on how injury lawyers charge explains contingent fees and the case costs a fee agreement has to address.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your situation, and it does not estimate the value of any claim.