Statute of Limitations
Montana: 3 years for personal injury and property damage (Mont. Code Ann. § 27-2-204). Discovery rule applies for latent injuries. Government claims against state or local entities require 120-day notice (Mont. Code Ann. § 2-9-301).
3 years from discovery of injury or damage
Where to File in Montana
Wildfire claims in Montana are filed in state district courts (Missoula, Lewis and Clark, Flathead, and Yellowstone Counties most commonly) and the U.S. District Court for the District of Montana (Missoula, Great Falls, Billings, and Helena divisions). Montana follows a modified comparative fault system (Mont. Code Ann. § 27-1-702) where recovery is barred if the plaintiff is 51% or more at fault. Montana does not cap compensatory damages in negligence cases but limits punitive damages to $10 million or 3% of the defendant's net worth (Mont. Code Ann. § 27-1-220). Montana juries in rural communities tend to be sympathetic to fire victims and skeptical of utility company defenses, particularly where deferred maintenance is documented.
Exposure in Montana
Source: Montana DNRC / NIFC
Source: Montana Department of Natural Resources and Conservation
Source: USFS Wildland-Urban Interface Assessment / Headwaters Economics