Montana Personal Injury Settlement Calculator

What Is the Montana Personal Injury Settlement Calculator?

The Montana Personal Injury Settlement Calculator is an interactive tool designed to estimate the possible value of a personal injury claim under Montana’s modified comparative fault system.

It uses your inputs—like medical bills, lost wages, property damage, and injury severity—to calculate both economic and non-economic damages. Then, it adjusts your total based on factors such as fault percentage, insurance limits, and attorney fees.

While the calculator doesn’t replace legal advice, it gives you a real-world baseline for what your case might be worth before you talk to a lawyer or insurance adjuster.

How the Montana Settlement Calculator Works

The calculator follows a simple formula grounded in Montana’s personal injury laws.

Here’s how each step breaks down:

1. Economic Damages

These are your actual financial losses—the bills and costs you can show on paper.

They include:

• Medical expenses (past and future care)
• Lost wages (including future earning capacity)
• Property damage (like vehicle repairs or replacements)

Formula:
Economic Damages = Medical Expenses + Lost Wages + Property Damage

2. Non-Economic Damages

These represent the pain, suffering, and emotional distress caused by the injury.
The calculator multiplies your economic damages by a severity multiplier, depending on how serious your injury is.

Formula:
Non-Economic Damages = (Medical Expenses + Lost Wages) × Severity Multiplier

3. Total Damages Before Adjustments

Once both damage types are calculated, they’re added together.

Formula:
Total = Economic Damages + Non-Economic Damages

4. Fault Reduction (Montana’s 50% Bar Rule)

Montana follows a modified comparative fault rule.
That means your settlement is reduced by your percentage of fault—and if you’re 50% or more at fault, you recover nothing.

Example:

• You’re 20% at fault.
• Your total damages are $100,000.
• Your final settlement = $80,000.

Formula:
Final Settlement = Total Damages × (1 - Fault % / 100)

If your fault is 50% or higher, the calculator automatically displays:

“Under Montana’s modified comparative fault rule, you cannot recover damages if you are 50% or more at fault.”

5. Insurance Policy Limits

Even if your damages exceed the at-fault party’s insurance coverage, you can’t collect more than their policy allows.
If you enter a policy limit, the calculator automatically caps your recovery.

6. Attorney’s Fees and Case Costs

The calculator also helps estimate your net recovery—the amount you actually take home after:

• Attorney’s contingency fee (usually 33–40%)
• Case costs and medical liens

Formula:
Net Recovery = Final Settlement - Attorney’s Fee - Case Costs

Example Calculation

Let’s run a simple example:

Step-by-Step:

1. Economic Damages: 15,000 + 5,000 + 8,000 = $28,000
2. Non-Economic Damages: (15,000 + 5,000) × 3 = $60,000
3. Total: 28,000 + 60,000 = $88,000
4. Fault Reduction (10%): $88,000 × 0.9 = $79,200
5. Attorney Fee (33.3%): $26,376
6. Case Costs: $2,500
7. Net Recovery: $79,200 – $26,376 – $2,500 = $50,324

Estimated Take-Home Settlement: $50,324

Why This Calculator Matters for Montana Claimants

If you’ve been injured in a Montana accident—car crash, workplace injury, or slip-and-fall—this calculator helps you:

• Understand your claim’s potential value before entering negotiations.
• See how your fault percentage affects your payout.
• Estimate attorney fees and net recovery realistically.
• Identify policy limit constraints that might cap your settlement.

It’s not a guarantee—but it’s a powerful, fact-based starting point for anyone navigating the Montana personal injury process.

Understanding Montana’s Modified Comparative Fault Rule

Montana’s fault law is one of the most important factors affecting your case.

• If you’re less than 50% at fault, your damages are reduced proportionally.
• If you’re 50% or more at fault, you recover nothing.

This means proving the other party’s fault is crucial. Evidence, witness statements, and accident reports can make or break your claim.

Limitations of the Calculator

While this tool is extremely useful, remember:

• It’s a rough estimate, not legal advice.
• It doesn’t account for punitive damages, long-term disability, or future pain and suffering beyond the multiplier.
• It assumes standard fee and damage calculations.

For a precise valuation, it’s always best to consult a qualified Montana personal injury attorney.