Limits on Damages Set to Rise in Montana: How Will the Changes Affect Your Case?

Montana legislators have passed a law that increases the amount that victims of medical malpractice can recover, but higher damages are not awarded automatically. If you or a loved one has been injured due to medical mistakes, it is important to understand what you need to do to recover the full damages available under the law.

At Ragain & Clark, we’ve been fighting for maximum compensation for victims of medical malpractice for decades, and we know this increase is long overdue. But we also know that victims still face an uphill battle to get fair treatment. Here’s a general overview of the new rules and when they apply. If you contact us directly for a free consultation, we could explain more precisely how the rules would affect your particular case.

The Change Applies to Noneconomic Damages

The first thing to understand about the change is that it applies only to noneconomic damages. Those are the amounts provided for factors that don’t have a direct calculable cost. That includes pain, suffering, emotional anguish, and the reduced quality of life caused by a medical error. This is in contrast with economic damages for losses such as medical expenses or reduced earning capacity.

In many states, the awards for noneconomic damages amount to millions of dollars. Who can put a price on the quality of life? Many accident victims would give everything they own just to live without pain or to be able to do the things they used to do.

Montana Has Been Limiting Noneconomic Damages for Decades

While a life free of pain and suffering may be priceless to most of us, in the 1990s, Montana lawmakers decided it was worth up to $250,000. And despite a cost increase of approximately 140% since then, the limit has not been increased—until now.

Starting January 1, 2026, victims of medical malpractice may be eligible to receive up to $350,000 in damages for noneconomic losses. The law, set forth in Section 25-9-411 of the Montana Code, provides that the damage cap will increase by $50,000 each year through 2029. After that, the cap will increase by 2% of the previous year’s limit.

Juries are not informed of the cap when they are considering the amount to be awarded for noneconomic losses. If they award an amount above the cap, the judge makes the reduction.

Which Limit Applies to Your Case?

It is important to understand which damage cap will apply to your particular case. It is not the limit in effect at the time of your injury or the time the case is decided. Rather, your potential recovery for noneconomic damages is determined by the limit in effect at the time your attorney initially files the claim for the injury with the Montana medical legal panel. In situations where the claim is not required to be submitted to the Montana medical legal panel, the limit is determined by the date when the claim is filed in court.

Filing the claim with the Montana medical legal panel is a step required before a lawsuit can be filed in court in most medical malpractice situations.

Choosing the Right Attorney is Critical

No matter how seriously a patient has been injured by a mistake on the part of a doctor or hospital, that patient will not be able to recover any damages whatsoever unless they are able to prove by a preponderance of the evidence that a medical professional was legally negligent and that the injuries were caused by the failure to live up to medical standards. This can be a difficult burden to overcome, particularly since the insurance companies will have experienced legal teams fighting every aspect of the claim.

Without an equally experienced attorney to pursue their rights, a victim of medical malpractice may not be able to recover a dime, regardless of the extent to which their life has been ruined. While the increase in damage caps is helpful, if a patient cannot overcome the hurdles to establish liability, it won’t matter what the limits are, because no damages will be awarded.

At Ragain & Clark, we know how to win medical malpractice cases and how to uncover the evidence and build the arguments that enable victims to recover the full amount they deserve for the losses they have suffered. To learn more about what may be possible in your case, we invite you schedule a free consultation by calling 406-651-8888 or contacting us online today.