If a medical mistake has turned your life upside down, one question likely weighs on you: “What will this really cost me?” The answer isn’t simple. Medical errors bring more than just physical pain. They disrupt your life emotionally and financially. And if you’re like most people, you’re struggling to understand how the law puts a number on something as personal as your health. There’s no one-size-fits-all formula. But there are clear legal principles and practical steps that can help you understand what your case might be worth—and how to protect your future.
Why There’s No Standard Value for a Malpractice Case
You won’t find a meaningful “average” payout because no two cases are alike. Even identical injuries can affect people in drastically different ways depending on their:
- Age and overall health
- Job and career path
- Family responsibilities
- Long-term care needs
Instead of looking for averages, focus on the factors Montana law actually uses to determine case value. That’s the only way to get a clear picture of what compensation might look like in your situation.
What Montana Law Allows You to Recover
Medical malpractice claims involve two main types of damages:
1. Economic Damages –No Cap in Montana
These are direct financial losses, and they’re unlimited by law. They include:
- Medical bills (past and future)
- Lost wages and reduced earning capacity
- Rehabilitation, physical therapy, and home care
- Costs for medication, equipment, or home modifications
- Travel expenses related to treatment
To calculate these, we often work with medical experts, financial planners, and life care specialists who can project the long-term financial impact of your injuries.
2. Non-Economic Damages –Capped at $300,000
These cover the pain, trauma, and disruption the injury caused in your daily life. Montana law caps these damages at $300,000, regardless of how many people were affected. They include:
- Physical and emotional pain
- Loss of enjoyment of life
- Disfigurement or permanent scarring
- Strained relationships or lost intimacy
The law may cap these losses—but that doesn’t make them less real. Telling your story with clarity and evidence helps make sure the full impact is recognized.
How Courts and Attorneys Calculate Damages
No calculator or software can determine your case’s value. Instead, experts and attorneys look at several key questions:
1. How Serious and Permanent Is the Injury?
Long-term or permanent injuries—such as brain damage, paralysis, or chronic pain—typically lead to higher compensation. Medical records, imaging, and expert opinions help clarify the extent of the harm and its prognosis.
2. What Is the Lifetime Financial Impact?
Loss of income plays a major role. A person who can’t return to work—or must change careers—may lose millions over time. Vocational experts and economists can show how your injury affects your financial future.
3. How Has It Changed Your Daily Life?
Some of the most painful losses are intangible. When you can’t pick up your child, walk unassisted, or do the things that once gave your life meaning, the impact is profound—even if it doesn’t show up on a bill. Photos, journal entries, and statements from family and friends help document these effects.
Other Factors That Affect Case Value Comparative Fault
If the defense shows that you contributed to your injury—by missing appointments, not taking medication, or ignoring medical advice—your compensation can be reduced. In Montana, your award is lowered by the percentage of fault assigned to you.
Tip: Follow your treatment plan and keep records of everything you do to heal.
Medical Expert Requirement
Montana law requires a qualified medical expert to confirm that your care fell below accepted standards and that this failure caused your injury. Without this testimony, the case cannot move forward. That’s why we work with trusted, experienced experts who understand both medicine and the law.
Settlements: What to Expect
Most malpractice cases settle out of court—but settlement doesn’t mean “quick and easy.” Insurers only offer fair compensation when you build a strong, evidence-backed case. The strength of your expert testimony, documentation, and legal strategy plays a critical role. Sometimes, getting fair value takes time. An experienced legal team helps you avoid rushed decisions and prepares your case for both negotiation and trial, if needed.
What You Can Do Right Now
You don’t need to have all the answers today—but you can start building your case with a few key steps:
- Save all medical records, test results, and bills
- Take photos of injuries, equipment, or home modifications
- Keep a daily journal about how the injury affects you
- Collect receipts for prescriptions, travel, or home care
- Avoid social media posts about your health or legal situation
- Continue follow-up care and attend all medical appointments
These actions help protect your case—and your recovery.
Bottom Line: Your Case Is About More Than Money
No settlement or verdict can reverse the harm you’ve suffered. But the right compensation can help:
- Secure ongoing medical care
- Protect your financial future
- Restore a sense of justice and stability
Start Your Case Evaluation Today
If you believe you were harmed by medical negligence, you deserve answers—and support. We’ll review your situation, connect with medical experts, and give you a clear, honest assessment of your legal options. Fill out our intake form today to start the process. We’re here to help you move forward—with clarity, strength, and the support you need to rebuild.
The MT legislature recently raised the non-economic damage cap to $300,000.
