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Montana: rules and deadlines at a glance
Every 10 topic we track for Montana on one page. Open a topic for the details, the law it comes from and how Montana compares.
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Malpractice rules · Small claims limits · Small estate limits · Debt time limits · Shared fault rules · Medicaid expansion · ACA marketplace · Claim deadlines · Estate and inheritance tax
General information only, not legal, insurance or financial advice. Not affiliated with any government agency. Exceptions can apply; open a topic for the details.
| Medical malpractice | 2 years from injury or discovery (whichever is later); 5-year outer limit |
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| Wrongful death | 3 years |
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| Damage cap | $350,000 noneconomic in 2026, rising $50,000 a year to $500,000 in 2029 |
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| Expert affidavit or certificate | Not required |
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| Before you sue | Mandatory review by the Montana Medical Legal Panel before suit |
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| Dollar limit | $7,000 |
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| Filing fee | $30 |
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| Lawyers | Not unless every party has one |
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| Small estate limit | $100,000 (raised from $50,000 in 2023) |
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| Wait after death | 30 days |
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| Real estate | No |
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| Credit cards / open accounts | 5 years |
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| Written contracts | 6 years |
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| Promissory notes | 6 years |
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| Rule | Modified comparative negligence (51% bar) |
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| When you are barred | Barred if you are 51% or more at fault |
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| Expanded? | Yes |
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| Since | Jan. 1, 2016 |
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| Marketplace type | Federal marketplace |
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| Where to enroll | HealthCare.gov |
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| Acknowledge | No fixed number of days; must act with reasonable promptness |
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| Accept or deny | 30 days after proof of loss (60 if more information is reasonably requested) |
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| Pay | 10% annual interest on late payments |
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| Estate tax | No state estate tax |
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| Inheritance tax | No inheritance tax |
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