Seek Medical Treatment if You Are Injured
It is crucial to seek medical treatment if you suffered an accidental injury. Your injuries may not appear to be serious, so you may decide the trip to the hospital, urgent care of your doctor’s office is not worth it. If you forego medical treatment, your injuries could get worse, and you will face challenges when you are trying to recover accident compensation.
If you are in an accident, get medical attention as soon as possible by visiting one of the hospitals listed below or seeing your preferred health care provider.
St. James Healthcare
400 S Clark St.,
Butte, MT 59701
(406) 723-2500
St Vincent Healthcare
1233 N 30th St.,
Billings, MT 59101
(406) 657-7000
Community Medical Services
Fort Missoula Rd.,
Missoula, MT 59801
(406) 728-4100
Limitations on Accident Claims in Montana
If you plan on filing a personal injury claim in Montana, a statute of limitations applies. For injury or wrongful death claims, the statute of limitations is three years from the date the injury occurred. If you need to file a claim against a local or state government in Montana, you must notify the relevant agency within 20 days of your accident.
What Can an Accident Lawyer in Montana Do for Me?
Any accident, whether it is a slip and fall inside a business, an accident in the workplace or a road crash, can lead to debilitating injuries and exorbitant accident-related costs. USAttorneys has a skilled team of accident lawyers in Montana who will help you get the compensation you deserve for your medical expenses, destruction of property and mental anguish. We suggest you call one of our lawyers near your Montana location and arrange a case evaluation.
Our personal injury lawyers in Montana will:
- Communicate with insurers and other liable parties
- Investigate your accident and gather evidence
- Speak with witnesses, medical experts and accident reconstruction experts
- Make sure you meet all filing deadlines
- Negotiate with insurers
- Prepare you for court.
If you have been in any of the following accidents call an attorney today:
- Auto accident
- Recreational vehicle accident
- Motorcycle accident
- Pedestrian accident
- Slip and fall
- Workplace accident
How can an accident attorney help Montana accident victims with property damage and injury?
A personal injury attorney in Montana will work for accident victims who may be suffering from acute and chronic personal injury, extreme financial loss, and/or the loss of a loved one caused by an accident. They have the experience to resolve insurance disputes surrounding comparative fault and valuation of accident damages; and represent individuals in personal injury and wrongful death legal actions.
At-fault insurance.
Montana laws provide for compensation by at-fault drivers who are legally responsible for the expense of damages and injuries they have caused. Because damages may exceed maximum coverage amounts on the at-fault driver’s insurance policy, especially in cases of catastrophic losses, it may be wise to speak with an experienced accident attorney to seek alternate avenues for monetary recovery. Under Montana’s modified comparative negligence system, injured parties can receive compensation if they are 50%, or less responsible for the accident, also known as the 51% bar rule.
Statute of limitations.
Montana law states that a person has three years to file a personal injury lawsuit for damages caused by accidents from the date of the injury, or knowledge of the injury and wrongful death claims must be filed within three years of the death. A knowledgeable attorney can guide individuals of any deviations from that timeline.
Valuable resources.
Because of an accident’s unplanned nature and its occurrence in every type of venue, victims can become overwhelmed with the tasks to be undertaken afterward. In many cases, individuals are left with expensive property damage replacement, or physical injury and loss that requires legal action toward sufficient recovery. Since accidents do not discriminate, occurring at work, while visiting someone’s home, in the hospital, on vacation, during recreational outings, or in motor vehicles, it is important to understand how the law applies in each setting.
Established accident attorneys in Montana have valuable resources to support a case by:
- Sending investigators to the accident scene,
- Reviewing police reports, witness testimony and medical records,
- Hiring appropriate financial personnel to make valuations of loss,
- Determining the cause of the accident,
- Supporting victim’s rights against aggressive insurance companies,
- Drafting and filing complicated insurance and legal documents.
Damage recovery.
Accident lawyers can review industry-standard processes utilized for damage valuations of property, residual bodily harm, and wrongful death, and make certain the valuations represent resultant compensatory and punitive damages to cover a victim’s losses.
- Compensatory damages. An accident attorney in Montana can fight for both types of compensatory damages including economic consideration for present and future lost wages, medical bills, medical care, household expenses; and non-economic damages for pain and suffering, or loss of companionship that may be addressed in a settlement award. Every person who suffers detriment from the unlawful act, or omission of another may recover damages.
- Punitive damages. When a case can be proven by clear and convincing evidence that shows a defendant deliberately acted in a manner to cause harm to another individual, punitive damages may be awarded on a case-by-case basis.
Personal injury.
If a person is harmed because of the actions, or inaction of another individual, they may be able to recover compensation when fault and/or liability is proven for the resultant harm. A personal injury lawyer can help with the recovery of damages by proving that an individual, or entity was negligent, caused the injury and owed a duty of care to the victim. Personal injury awards are capped in Montana at $10 million dollars, or 3% of the net worth of the defendant.
Premises liability.
Individuals who are hurt in an accident on someone else’s property may take legal action when it was caused due to poor conditions on the property, including improper maintenance, upkeep, or negative resident/pet interactions on the premises. The responsibility of the property owner depends on the standard of care owed to the injured person, which is based on the reason for their presence on the property. For example, an invitee is owed a duty of care, but a trespasser may not be owed that same duty. Homeowners’ insurance may cover these types of injuries, depending on the individual policy.
Medical malpractice.
Montana medical malpractice actions occur when a person becomes injured while being treated by a practicing health care provider. The statute of limitations is three years from the date of the medical malpractice injury, but not more than five years. A medical malpractice accident attorney will know of exceptions to the rule that may impact a timeline that is case-specific. Non-economic damages in medical malpractice cases are capped at $250,000.
Workers’ compensation.
The Montana Workers’ Compensation Commission has a detailed claims process for individuals who are injured on the job, or contract job-related illnesses necessitating a workers’ compensation claim for monetary damages. Injuries may be caused by an accident, or a medical condition that develops over time caused by repetitious use of a body part, or a hazardous workplace environment that causes harm.
Motor vehicle.
Montana law requires all drivers who are involved in accidents that cause personal injury or death to immediately stop, render aid to injured drivers, and exchange driver information. When roadway accidents in Montana are caused by criminally negligent acts, such as reckless driving, distracted driving, or driving under the influence, an experienced Montana car accident attorney will know how to proceed with a complex accident case involving criminal components.
Wrongful death.
A wrongful death legal action can be brought by loved ones when a person dies because of the negligent, reckless, or deliberate act of another. Montana lawyers can successfully answer questions about how to approach harmful loss through damages that may include:
- Medical bills and burial expenses
- Compensation for lost wages
- Compensation for pain and suffering
- Punitive damages that are intended to punish the person who caused the death.
Seek legal counsel.
Montana accident victims do not have to deal directly with insurance companies toward the resolution of damages. Experienced accident lawyers can carry that burden and save time, reduce stress, and point accident victims on the right path toward a comprehensive financial award.
