Definition of Bodily Injury & Serious Bodily Injury

Montana Code Annotated § 45-2-101. General definitions

Unless otherwise specified in the statute, all words must be taken in the objective standard rather than in the subjective, and unless a different meaning plainly is required, the following definitions apply in this title:

(5) “Bodily injury” means physical pain, illness, or an impairment of physical condition and includes mental illness or impairment.

(66)(a) “Serious bodily injury” means bodily injury that:

(i) creates a substantial risk of death;

(ii) causes serious permanent disfigurement or protracted loss or impairment of the function or process of a bodily member or organ; or

(iii) at the time of injury, can reasonably be expected to result in serious permanent disfigurement or protracted loss or impairment of the function or process of a bodily member or organ.

(b) The term includes serious mental illness or impairment.

View our Negligent Vehicular Assault page.