When you suffer an injury in Montana because of someone else’s negligence, you may have the right to pursue compensation through a personal injury lawsuit. While many of these cases resolve through negotiated settlements, some proceed to trial when the parties cannot agree on liability or damages. Understanding how jury trials function under Montana law helps you make informed decisions about your case and your future. This overview explains what to expect in a Montana personal injury jury trial—from the initial filing through the verdict—and is presented by the attorneys at Miller Tourtlotte Law, PLLC, who represent injured Montanans in personal injury and workers’ compensation matters.
The Right to a Jury Trial Under Montana Law
The right to a civil jury trial is a fundamental protection guaranteed by Article II, Section 26 of the Montana Constitution. In personal injury cases, this means you, as the plaintiff, may request that a jury determine whether the defendant was negligent and, if so, what amount of damages should be awarded. Civil trials are generally conducted in Montana District Courts, which have jurisdiction over claims exceeding $15,000 under Montana Code Annotated (MCA) § 3-5-302.
A civil jury in Montana is composed of twelve individuals unless both sides agree to a smaller panel. Under Montana law, the minimum number of jurors permitted in a civil case is six. These jurors serve as fact-finders, weighing the evidence, evaluating witness credibility, and applying the law as instructed by the judge.
From Filing to Trial
A personal injury case formally begins when your attorney files a Complaint in the appropriate district court. The complaint outlines the basis of your claim, identifies the parties involved, and specifies the relief you are seeking. Once filed, the defendant must respond through an Answer admitting or denying the allegations.
After the pleadings, the case enters the discovery phase, governed by the Montana Rules of Civil Procedure, Rule 26. During discovery, both sides exchange information and gather evidence through depositions, interrogatories, and document requests. This process allows each side to assess the strengths and weaknesses of the case before trial.
Pretrial motions often follow discovery. These motions might request that certain evidence be excluded or that the court rule on specific legal issues before trial. Settlement discussions continue during this time, and in many instances, the parties reach an agreement before trial. If not, the case proceeds to be heard by a jury.
Jury Selection and Voir Dire
A trial begins with jury selection, known as voir dire. During this stage, potential jurors are questioned by the attorneys and the judge to ensure impartiality. Each side may request that certain jurors be excused “for cause” if bias is suspected, or use a limited number of peremptory challenges to remove jurors without stating a reason, as authorized under MCA § 25-7-223. The purpose of voir dire is to seat a fair and unbiased jury capable of rendering a verdict based solely on the evidence presented.
The Trial Process
Once the jury is sworn in, both sides deliver opening statements. These statements are not evidence but serve to outline what each side intends to prove. The plaintiff presents evidence first, as the burden of proof lies with the party bringing the claim.
Your attorney will call witnesses, including medical experts, accident reconstructionists, or others with relevant knowledge, and introduce documents, photographs, and records that support your claims. The defendant’s attorney may cross-examine witnesses to challenge their credibility or interpretations. After the plaintiff’s presentation, the defense presents its own evidence and witnesses.
The Burden of Proof and Comparative Negligence
In Montana, the plaintiff must prove the defendant’s negligence by a preponderance of the evidence, meaning that it is more likely than not that the defendant’s conduct caused the injury. The elements of negligence include duty, breach, causation, and damages.
Montana applies a modified comparative negligence system under MCA § 27-1-702. If you are found partially at fault for your injury, you may still recover damages as long as your percentage of fault does not reach or exceed 51%. However, your total recovery will be reduced in proportion to your share of fault. For example, if you are found 20% responsible and your total damages equal $100,000, your award would be reduced to $80,000.
Closing Arguments and Jury Instructions
After both sides have presented their cases, each attorney delivers closing arguments. Your lawyer will summarize the evidence, explain how the law supports your position, and urge the jury to find in your favor. The defense will attempt to do the same in support of its case.
Following closing arguments, the judge reads jury instructions, which set forth the applicable laws and legal definitions that the jury must follow. These instructions are drawn from Montana’s approved civil jury instructions and relevant statutes.
Jury Deliberation and Verdict
Once instructed, the jury retires to deliberate in private. The jurors review the evidence, discuss witness credibility, and determine whether the defendant was negligent and, if so, what damages should be awarded. Under MCA § 25-7-403, a verdict in a civil case requires the agreement of at least two-thirds of the jurors. Thus, in a twelve-person jury, eight jurors must concur for the verdict to stand.
The verdict is then returned to the courtroom, read aloud, and entered into the record. The jury may award both economic damages, such as medical expenses and lost wages, and non-economic damages, such as pain, suffering, and emotional distress. While Montana does not impose general caps on personal injury damages, claims against governmental entities are subject to limitations under MCA § 2-9-108.
Post-Trial Motions and Appeals
Following a verdict, either party may file post-trial motions under Montana Rule of Civil Procedure 59, asking the court to modify or set aside the verdict. If legal errors are believed to have affected the outcome, the losing party may file an appeal with the Montana Supreme Court. Appeals focus on issues of law rather than disputed facts, and your attorney can guide you through this process if it becomes necessary.
Montana Personal Injury Lawyer
Facing a jury trial in a personal injury case can be a demanding experience, both emotionally and financially. An experienced Montana trial lawyer can ensure that your case is properly prepared, evidence is effectively presented, and your rights are fully protected throughout the process.
If you have been injured in an accident or suffered harm due to negligence, the attorneys at Miller Tourtlotte Law, PLLC are ready to help you pursue justice. Our firm has extensive experience representing injured Montanans before juries across the state. To discuss your legal options and receive straightforward guidance about your case, contact Miller Tourtlotte Law, PLLC by calling (406) 888-2222 or contacting us online or a free consultation with a Montana personal injury lawyer.
