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Montana Burn Injury Lawyer: Your Rights After a Burn

Michael Shemtoub, trial attorney, Beverly Law
Michael Shemtoub, Beverly Law
Trial attorney · English y Español · (310) 552-6959

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In Montana, a lawsuit for a burn caused by someone else’s negligence generally must be filed within three years. You can recover even if you share some blame, provided your fault is not greater than that of the people you sue, and anything above 50% ends the claim. Montana’s discovery rule is narrow, so do not count on extra time. Get treatment, then start gathering evidence today.

By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.

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What to do after a burn in Montana

Among U.S. burn center admissions from 2020 to 2024, 46% of burns came from flame or flash, and 97.6% of patients survived (American Burn Association). Keep a record from day one.

Hold on to the camp stove, propane tank or heater involved, and do not let an insurer take it for “testing” without a written agreement. Photograph the scene, the burned clothing and your injuries, and write down who saw it happen. The State Bar of Montana runs a free lawyer referral service called Licensed Lawyer Montana (State Bar of Montana).

The deadline to file in Montana

Montana gives three years to bring a personal injury claim (MCA 27-2-204(1)). A 2025 amendment, Chapter 709, Laws of 2025, took effect October 1, 2026. It adds an exception for MCA 27-2-219 and keeps the three-year period.

The discovery rule here is limited (MCA 27-2-102). The clock waits for discovery only when the facts are by nature concealed or self-concealing, or when the defendant acted to prevent discovery. Otherwise, not knowing about your claim does not delay the start.

Claims against the State of Montana must first be presented in writing to the Department of Administration (MCA 2-9-301). The department has 120 days to grant or deny the claim, and silence counts as a denial. Presenting the claim pauses the limitations period for 120 days. Claims against a county, city or other political subdivision are presented to and filed with its clerk or secretary. The statute sets no separate short notice deadline for these claims.

How fault works in Montana

Montana follows modified comparative fault with a 51% bar (MCA 27-1-702). Your own negligence does not bar recovery if it was not greater than the combined negligence of the defendants. Your award is reduced by your share.

Take a hunter burned at a rented cabin near Bozeman when a propane heater with a bad valve flares, and the owner says the hunter should have smelled gas. If the jury puts 30% of the fault on the hunter, the award drops by 30%. At 51% or more, the hunter recovers nothing.

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Damages and caps in Montana

Punitive damages require proof that the defendant was guilty of actual fraud or actual malice, with every element proved by clear and convincing evidence (MCA 27-1-221). A punitive claim cannot appear in the first complaint; it needs the court’s permission to be added. The award is capped at $10 million or 3% of the defendant’s net worth, whichever is less, except in class actions (MCA 27-1-220).

For medical malpractice, such as a burn during surgery, MCA 25-9-411 limits noneconomic damages per patient per incident. The limit in effect when the claim is first filed with the Montana Medical Legal Panel, or when suit is filed, is the one that applies (MCA 25-9-411).

Effective dateMalpractice noneconomic damages limit
January 1, 2026$350,000
January 1, 2027$400,000
January 1, 2028$450,000
January 1, 2029$500,000
From 2030Increases 2% a year

Burns at work in Montana

Workers’ compensation is the exclusive remedy against the employer (MCA 39-71-411). MCA 39-71-413 allows a damages suit against the employer or a co-worker for an intentional injury, defined as an injury from an intentional and deliberate act specifically and actually intended to cause injury, with actual knowledge that injury is certain to occur. It must be proved by clear and convincing evidence (MCA 39-71-413).

Third-party claims stay open. Along with comp, you may sue anyone other than your employer or co-workers, such as a well-site contractor or the maker of a defective torch (MCA 39-71-412). Under MCA 39-71-414, the comp insurer has full subrogation as a first lien on that recovery unless you show damages greater than your comp benefits and the third-party recovery combined. An insurer that declines to share the cost of the suit waives 50% of its subrogation. If you have not sued within one year of the injury, the insurer may.

Burn centers in Montana

Montana has no burn center listed in the American Burn Association directory. North Dakota, one of the two neighboring states, has no ABA-verified center. The verified center in Idaho:

CenterCityAddressPhonePatients
The Burn Center at Eastern Idaho Regional Medical Center, ABA-verifiedIdaho Falls, ID3100 Channing Way, Idaho Falls, ID 83404(208) 529-7986Adult & Pediatric

Source: American Burn Association, Find a Burn Center, directory checked November 2026.

The ABA lists this center as treating adults and children, and its verification entry reads “Adult.”

Who may be liable for a burn

Look at who was in charge of the danger. A lodge or cabin owner may answer for a gas heater or wiring left in bad shape. A contractor at a job site can be liable even when the employer is shielded by comp. The maker of a propane tank, camp stove or torch can answer for a defect. A utility may be at fault when a power line fails, and a restaurant for a drink served too hot.

How Beverly Law helps in Montana

Beverly Law, a California firm, has attorneys licensed in California and Washington. In Montana burn cases, it works with Montana-licensed attorneys through its referral network. The free case review is how you reach a burn injury attorney licensed in Montana, usually within one business day.

This page is general information about Montana law, not legal advice, and reading it does not create an attorney-client relationship. Laws change; a lawyer licensed in Montana can tell you how they apply to your case.

Common questions

What is the deadline for a burn injury lawsuit in Montana?

Three years under MCA 27-2-204(1), and the 2025 amendment effective October 1, 2026 keeps that period. The clock is delayed only if the facts are concealed by nature or the defendant hid them. A claim against the state must first be presented to the Department of Administration.

Can I recover if I was partly at fault?

Yes, if your negligence was not greater than the combined negligence of the defendants. MCA 27-1-702 reduces your award by your share. If your fault is greater than theirs, meaning above 50%, you recover nothing.

Are punitive damages capped in Montana?

Yes. Under MCA 27-1-220, punitive damages are capped at $10 million or 3% of the defendant’s net worth, whichever is less, except in class actions. You must prove actual fraud or actual malice by clear and convincing evidence, and the claim needs leave of court.

Where can a burn patient from Montana get ABA-verified care?

The ABA directory lists no burn center in Montana, and North Dakota has no verified center. The Burn Center at Eastern Idaho Regional Medical Center in Idaho Falls is ABA-verified, with an “Adult” verification entry, and the ABA lists it as treating adults and children.

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BEVERLY LAW · BURN INJURY ATTORNEYS

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Sources

  1. mca.legmt.gov/bills/mca/title_0270/chapter_0020/part_0020/section_0040/02
  2. mca.legmt.gov/bills/mca/title_0270/chapter_0020/part_0010/section_0020/02
  3. mca.legmt.gov/bills/mca/title_0020/chapter_0090/part_0030/section_0010/00
  4. mca.legmt.gov/bills/mca/title_0270/chapter_0010/part_0070/section_0020/02
  5. mca.legmt.gov/bills/mca/title_0270/chapter_0010/part_0020/section_0210/02
  6. mca.legmt.gov/bills/mca/title_0270/chapter_0010/part_0020/section_0200/02
  7. mca.legmt.gov/bills/mca/title_0250/chapter_0090/part_0040/section_0110/02
  8. mca.legmt.gov/bills/mca/title_0390/chapter_0710/part_0040/section_0110/03
  9. mca.legmt.gov/bills/mca/title_0390/chapter_0710/part_0040/section_0130/03
  10. mca.legmt.gov/bills/mca/title_0390/chapter_0710/part_0040/section_0120/03
  11. mca.legmt.gov/bills/mca/title_0390/chapter_0710/part_0040/section_0140/03
  12. montanabar.org/For-the-Public/Find-a-Lawyer
  13. ameriburn.org/resources/burn-incidence-fact-sheet/
  14. ameriburn.org/burn-care-team/resources/find-a-burn-center
  15. ameriburn.org/burn-care-team/resources/burn-centers/the-burn-center-at-ea

Important: Attorney Advertising. This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Beverly Law is a California firm whose attorneys are licensed in California and Washington; for injuries in other states it works with attorneys licensed there through its referral network. Last reviewed: November 6, 2026.

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