Montana Personal Injury
If you have experienced a personal injury because of an accident that happened in Montana that was caused by another party, you might be entitled to receive monetary compensation. That recovery or compensation is intended to reimburse for past and future medical expenses, past and future lost income, and pain and suffering.
Types of Personal Injury Cases in Montana
Personal injury depicts the mental, physical, and emotional harm or damage to a person caused by another party's negligence in conduct or acts. Personal injuries may be minor on a scale of degree, such as a contusion, sprain, or strain. Alternatively, they may be extreme and devastating at the opposite end of the spectrum, such as paralysis, permanent disability, or disfigurement. In fact, personal injuries can be as tragic and dire as death. Note, though, that personal injury, as a body of law, does not afford recovery for personal or real property destruction, such as to vehicles or real estate.
Personal injuries can happen in a variety of ways. The triggers for many Montana injuries fall into one of these categories:
- auto accidents
- trucking accidents
- pedestrian accidents
- motorcycle accidents
- bicycle accidents
- failure to maintain property and premises liability
- products liability
- medical malpractice
Of course, these are just some examples, among other causal factors.
How Is Fault Determined in Montana Personal Injury Cases?
To collect monetary compensation in a personal injury case venued in Montana, a successful litigant must show that the defendant was negligent. As a legal principle, negligence is proven by establishing the following:
- Duty. The party who caused harm or injury (defendant) had a legal duty or responsibility not to cause harm or injury to the plaintiff.
- Breach. The defendant failed to meet this legal duty or responsibility to the plaintiff.
- Causation. There is a causal connection or nexus between the defendant's conduct and the plaintiff's harm or injury.
- Damages. The plaintiff suffered damages, financial harm, or other types of loss because of the accident or injury that took place.
Montana Has Adopted the Modified Comparative Fault Rule in Negligence
Like twenty other states, Montana has adopted and follows the modified comparative fault rule called the 51 percent bar for negligence purposes. Under this rule, an injured party may not recover if he or she is 51 percent or more at fault for his or her own injuries. However, the injured party can recover if he or she is 50 percent or less at fault for his or her injuries. That said, Montana jurists and/or juries will likely reduce a prevailing plaintiff's recovery by the proportional degree of fault.
Whether you live in Billings, Missoula, Great Falls, Bozeman, Butte, Helena, Havre, West Yellowstone, Livingston, or elsewhere in Montana, a personal injury attorney can assist in the evaluation, assessment, and determination of legal remedies, alternatives, and potential recovery sources for any potential personal injury claims. Time may be of the essence, though. In most cases, initial consultations are provided free of charge to clients.
Find a local Montana personal injury attorney today
A Montana personal injury lawyer can help evaluate your situation and explain your legal options. If the Montana personal injury attorney thinks you have a viable case, your lawyer will gather evidence related to your accident and accident-related expenses. Call now to speak with an attorney at 877-913-7222.