Personal Injury Law in Billings, MT

Were you hurt due to another’s negligence in Billings? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Billings, MT can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in Billings relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims in Billings, MT

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

• Car Accidents
• Slip and Fall
• Dog Bites
• Medical Malpractice
• Workplace Accidents
• Burn Injuries

Most Common Injuries in Billings 

According to an article by the Billings Gazette, Montana ranks among the worst states in the country for workplace injuries and illnesses, for reasons that continue to elude state officials. In fact, in 2016, 4.2 injuries were reported for every 100 full-time workers in Montana. Mining, logging and construction sectors typically top the list with the highest rates of injuries on the job, and these industries represent a higher percentage of the workforce in Montana than in most other states.

Steps in a Personal Injury Lawsuit in Billings, MT

Once you determine that you wish to proceed forward with a personal injury action in Montana

A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either settlement or a court appearance.

After filing a complaint with the Montana Civil Court in Billings, the defendant will be served with your demands. Next, the discovery process or gathering of evidence commences. This will either lead to a settlement in mediation, or your case will go to trial.

Montana Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount.

Filing any lawsuit is costly, even with the City of Billings Municipal Court. This is why many settlements are made outside of court. It’s also very difficult to find an average personal injury settlement amount due to a variety of factors. Factors like medical bills, and the severity of the injury, that can impact the outcome of your settlement. Keep in mind according to the Billings Gazette, mining, logging and construction sectors typically top the list with the highest rates of injuries on the job, and Montana experiences more of these on average, which could lead to higher settlements.

If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in MT, that means you risk not receiving any compensation at all.

Damage Awards in Montana

If your Montana personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage he or she inflicted.

Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses.

General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant compensate you for the pain and anguish.

Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. 

In Montana, there are caps on punitive damages and medical malpractice cases. However, there are no damage caps for your average personal injury case.

Statute of Limitations in Billings, MT Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

The Montana statute of limitations dictates that you have three years from the date of your injury to file a personal injury claim in Billings.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. 

Work With an Experienced Billings, MT Lawyer

Pursue a personal injury claim in Billings against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across Montana state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!