Personal Injury Law in Butte, MT
The impact of physical injuries, emotional stress, and financial burdens can feel like too much to bear. Moreover, your recovery and fair compensation can rely on the help of a personal injury attorney in Butte.
Initiating legal proceedings not only facilitates your recovery but also helps to ensure that justice prevails. It signifies taking back control over your life and embarking on a journey towards healing. Let’s start together today.
What Is Personal Injury Law?
Personal injury law in Butte 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 Butte, 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 Butte
Montana DPHHS identifies car accidents as a leading cause of injuries. Remarkably, in 2019 alone, there were 10,340 reported crashes, resulting in 1,069 serious injuries and 176 fatalities. Additionally, slips and falls are notably dangerous in cities like Butte.
Steps in a Personal Injury Lawsuit in Butte, 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 a settlement or a court appearance.
In Butte, once the discovery phase of a personal injury lawsuit wraps up, the focus shifts to pre-trial motions. Parties might submit motions like those for summary judgment. If these efforts don’t settle the case, it advances 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.
Experiencing an injury in Great Falls can significantly impact one’s financial stability, often leading to considerable costs for both individuals and families. On average, the medical expenses for treating such injuries can run into thousands of dollars for each incident. Moreover, there are considerable indirect costs, including losses in productivity and overall quality of life.
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 to 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.
Montana has implemented caps on non-economic damages in medical malpractice cases. It limits the compensation for pain, suffering, and emotional distress to $250,000. However, there are no caps on economic damages in Butte.
Statute of Limitations in Butte, 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.
Butte residents have a two-year opportunity from the date of the injury to file a personal injury lawsuit. 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 Butte, MT Lawyer
Pursue a personal injury claim in Butte 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!