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Montana Professional Negligence Attorneys

Professional negligence claims in Montana are a subset of standard negligence claims, but they require a unique analysis based on the type of professional services provided and whether they were performed in accordance with industry standards. At HagEstad Law Group, PLLC, our Montana professional negligence attorneys provide aggressive defense against professional negligence claims.


Years of Combined Experience


Clients Served


of dollars saved for our clients

It was a wonderful experience to work with TheHagEstad Law Group. David, Michelle, and Mindy are true professionals and made us feel relaxed and confident that they would meet our needs. They are patient listener's who cared about meeting our needs. We highly recommend The HagEstad Law Group.

G R.


We are extremely happy with the compedence, care and concern for our legeal needs. All staff at this firm are great. All of our questions were answered and we experienced no pressure to hire or intimidation for asking many questions or needing changes in documents prepared. It'sbeen a real pleasure to deal with David HagEstad and his team Mindy, Shelly a.k.a. Michele. They are very professional and we have all good things to say about our experience with the firm. The firm came on a great recommendation, we interviewed a few others however we are extremely happy with our choice and now we highly recommend this firm for all estate needs. Thank you David, Shelly and staff. Sincerely Stephanie P.

Joseph M.


We finally got it together and decided to get our wills updated and our trust established. HagEstad Law made the process easy! If you're on the fence, talk to them. If you're ready ... they are the only call you need to make! From the first phone call with Mindy at the front desk, to Shelly's exceptional skills and responsiveness with the paperwork, to David's knowledgeable and insightful legal counsel - every step of the way - we were at ease and informed.

JudyAndGreg R.


What is Professional Negligence?

Professional negligence is a claim made against a professional who fails to perform their work in accordance with a certain standard, causing damages to the plaintiff. In Montana, professionals are held to a higher standard of scrutiny due to the reliance the public places on their work.

Who Do We Help in Montana Professional Liability Cases?

At HagEstad Law Group, PLLC, we have extensive experience in defending professionals against professional negligence claims in Montana. Our team of liability & malpractice specialists includes experienced attorneys who have successfully defended the following professionals:

  • Lawyers
  • Bankers
  • Teachers
  • Doctors/Surgeons/Dentists
  • Accountants
  • Engineers
  • Architects
  • Artists/Authors
  • Designers
  • Chemists
  • Editors
  • Scientists
  • Registered nurses
  • Real Estate Brokers
  • Home Inspectors
  • Appraisers

Montana Professional Negligence Cases: What Must the Plaintiff Prove?

Under a Professional Negligence claim in Montana, the plaintiff must prove that the professional owed him a duty, that the professional failed to live up to that duty, and that the professional’s failure caused damages to the plaintiff. W. Sec. Bank v. Eide Bailly LLP, 2010 MT 291, 22, 359 Mont. 34, 39, 249 P.3d 35, 40.

While this may seem simple enough, expert testimony is generally required to prove the extent of the duty the professional owed to the Plaintiff. May v. ERA Landmark Real Estate of Bozeman, 2000 MT 299, 68, 302 Mont. 326, 343, 15 P.3d 1179, 1188. Failure to establish the professional’s standard of care is often a death knell to the Plaintiff’s claim.

Preparing a Defense to Montana Professional Negligence Claims

As Richard Mayne said, the “devil is in the details.” European Union – The Community of Europe, 1963. The defense must work diligently to ascertain the facts underlying the claim to determine what defenses are available to the Plaintiff. As Montana is merely a “notice-pleading” state, the Plaintiff is not required to show their hand.

This places the burden on the defense to ascertain the facts and assert all reasonable defenses to the Plaintiff’s claim. While the Plaintiff is inevitably required to prove their claims by a preponderance of the evidence, so must all defenses asserted. MCA § 26-1-403.

HaGestad Law Group, PLLC

Schedule Your Free Consultation Today!

Our dedicated attorneys can answer any questions you have and provide the legal advice necessary to make informed decisions.

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Schedule Your Free Consultation Today!

Our attorneys can answer your questions and provide the legal advice you need to make informed decisions.

Our Professional Liability Legal Process

At HagEstad Law Group, PLLC, we understand that facing a professional liability claim can be stressful and overwhelming. Our team of experienced professional liability attorneys is here to guide you through the legal process and provide aggressive defense against the allegations.

Our professional liability legal process involves:

Our Estate & Probate Law Legal Process

Initial Consultation

We offer a free initial consultation with an attorney to discuss your case and determine the best course of action.


Our team will conduct a thorough investigation of the facts and legal issues in your case to determine the best defenses available to you.


We will prepare your case for trial, including discovery, depositions, and expert testimony.


Our attorneys will vigorously defend your case at trial, presenting evidence and arguing on your behalf.


If necessary, we will pursue an appeal to protect your rights and achieve the best possible outcome in your case.

Why Put Your Trust In Us?

Why Choose HagEstad Law Group Professional Negligence Lawyers?

At HagEstad Law Group, PLLC, our professional negligence lawyers are committed to providing aggressive defense and excellent client service. When you choose us to represent you in your professional negligence case, you can expect:


Experienced Attorneys

We have over 50 years of combined experience in defending professional negligence claims


Proven Track Record of Success

A stunning 95% win rate in our cases


Thorough Analysis

We go through the facts and legal issues in your case to determine the best defenses available to you

G. Patrick HagEstad

G. Patrick HagEstad

G. Patrick HagEstad

  • Licensed in Arizona and Montana
  • AV Preeminent Rated in Litigation, Insurance, and Professional liability by Martindale-Hubbell
David J. HagEstad

David J. HagEstad

David J. HagEstad

  • Licensed in Arizona, Montana, and Texas.
  • President of Surprise Professional Center Office Condo Association
David J. HagEstad

Brien B. Birge

Brien B. Birge

  • Licensed in Arizona and Montana
  • Specialized in Estate Planning & Insurance Litigation

Meet Our Montana Professional Negligence Attorneys

At HagEstad Law Group, PLLC, we have a team of highly skilled and experienced Montana professional negligence attorneys. Our attorneys have a proven track record of success in defending professionals against negligence claims in Montana. We understand the complexities of legal matters in these cases and work tirelessly to provide our clients with the best possible defense. Learn more about our team.

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Clients Served


Years of Combined Experience

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We understand that legal issues can be complex and overwhelming, but you don't have to navigate them alone!

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* Communication through our website does not establish an attorney-client relationship between you and HagEstad Law Group, PLLC



What is the statute of limitations for filing a professional negligence claim in Montana?

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In Montana, the statute of limitations for professional negligence claims is generally three years from the date of the alleged negligence.

Can a professional negligence claim be based on a breach of contract?

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Yes, a professional negligence claim can be based on a breach of contract if the contract includes a duty of care and the professional fails to live up to that duty.

How much does it cost to hire a professional negligence lawyer in Montana?

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The cost of hiring a professional negligence lawyer in Montana can vary depending on the complexity of the case and the attorney's experience. Make sure to always compare the quotes that the malpractice law firms will give you. At HagEstad Law Group, PLLC, we offer a free initial consultation to discuss your case and determine the best course of action.