Worked example: Damages Allocation in Montana

Example inputs

Below is a jurisdiction-aware worked example for damages allocation in Montana using DocketMath. This walkthrough is for understanding how an allocation can be modeled with Montana’s general statute of limitations (SOL) rule—not legal advice.

Montana SOL rule used in this example (default/general):

• General statute of limitations: 3 years
• Statutory citation: **Montana Code Annotated § 27-2-102(3)
• Important constraint: No claim-type-specific SOL sub-rule was found in the provided jurisdiction data, so this example uses the general/default 3-year period for the whole claim (not separate timing rules by damages category).

Scenario (facts you’ll enter)

Assume a plaintiff alleges multiple categories of damages arising from the same underlying incident.

• Incident date: January 15, 2023
• Filing/notice date (modeled): February 20, 2026

Damages categories to allocate:

1. Economic damages (e.g., medical bills, wage loss)
2. Non-economic damages (e.g., pain and suffering)
3. Punitive damages (optional category in many allocation models)

DocketMath allocation inputs

Open the calculator: **/tools/damages-allocation

You’d typically provide inputs like the following (names can differ slightly depending on the calculator UI):

• Jurisdiction: US-MT
• Incident date: 2023-01-15
• Filing date: 2026-02-20
• Damages breakdown (gross amounts):

  • Economic: $60,000
  • Non-economic: $140,000
  • Punitive: $30,000

Optionally, if the calculator includes “allocable vs. barred” toggles, keep defaults unless you’re modeling a particular theory. This example focuses on allocation driven by SOL timing under the general/default rule.

What the calculator will do (conceptually)

For many damages-allocation models, the workflow is:

1. Determine whether the filing date falls within the SOL window measured from the incident date.
2. If the SOL window is missed, the model may:

   • mark the entire claim as time-barred, or
   • allocate damages into recoverable vs. barred buckets depending on tool configuration.

In this worked example, we use a straightforward interpretation: damages are treated as recoverable only if the overall claim is timely under the general 3-year SOL.

Example run

Run the Damages Allocation calculator using the example inputs above. Review the breakdown for intermediate steps (segments, adjustments, or rate changes) so you can see how each input moves the output. Save the result for reference and compare it to your actual scenario.

Step 1: Compute the SOL deadline (3 years)

• Incident date: Jan 15, 2023
• General SOL period: 3 years under **Mont. Code Ann. § 27-2-102(3)
• SOL deadline (computed): Jan 15, 2026

Step 2: Compare to filing date

• Filing/notice date: Feb 20, 2026
• Comparison:

  • Feb 20, 2026 is after Jan 15, 2026

Result (timing under the general default rule):

• The modeled claim is outside the general 3-year SOL window.

Step 3: Allocate damages (timing-driven allocation)

With the general SOL window missed under the default rule, DocketMath’s allocation model—configured to treat untimeliness as barring recovery—will place categories into a barred bucket.

Total gross damages: $60,000 + $140,000 + $30,000 = $230,000
Total modeled recoverable: $0

Why the allocation looks “all-or-nothing” here

Because this example uses a single general SOL window tied to incident-to-filing timing, the tool treats the entire claim as untimely under the general default SOL rule. There’s no separate timing period for economic vs. non-economic vs. punitive damages in the provided jurisdiction data.

Sensitivity check

To see how results change, keep the same damages amounts but adjust only the filing date. This isolates the SOL timing effect in DocketMath.

To test sensitivity, change one high-impact input (like the rate, start date, or cap) and rerun the calculation. Compare the outputs side by side so you can see how small input shifts affect the result.

Sensitivity variations

Assume the incident date remains Jan 15, 2023 and damages remain:

• Economic: $60,000
• Non-economic: $140,000
• Punitive: $30,000

Only change the filing date:

What you learn from the sensitivity check

• The allocation is highly sensitive to the SOL cutoff date when the tool’s model is “claim-level timing.”
• A single-day shift around Jan 15, 2026 can flip the modeled recoverable total from $230,000 to $0 (or vice versa).
• Changing the economic/non-economic/punitive ratios won’t matter much if the tool treats the claim as untimely across the board under the general default rule.

Quick checkbox summary (for your worksheet)

Related reading

• Damages Allocation Guide for Alabama — Comparative Fault Rules
• Damages Allocation Guide for Alaska — Comparative Fault Rules
• Damages Allocation Guide for American Samoa — Comparative Fault Rules