Personal Injury Law in Great Falls, MT
Personal injuries can disrupt your life in profound ways in Great Falls. They can leave you with mounting medical bills, lost wages, and lasting pain.
Don’t let uncertainty stop you from seeking compensation. Take the first step towards securing the compensation you deserve by examining the law and asking for legal help.
What Is Personal Injury Law?
Personal injury law in Great Falls 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 Great Falls, 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 Great Falls
Montana DPHHS places car accidents high on the list of injury causes. In 2019, there were a staggering 10,340 crashes reported. These incidents led to 1,069 serious injuries and 176 deaths. Moreover, slips and falls stand out as a considerable hazard, especially for the elderly population in Great Falls.
Steps in a Personal Injury Lawsuit in Great Falls, 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.
Following the discovery phase, both parties present legal arguments regarding evidence admissibility. There can be a dismissal of claims or procedural issues, which the judge reviews to ensure fairness. Meanwhile, parties may explore settlement options either through court-facilitated discussions or mediation. The case proceeds to trial in Great Falls if the parties involved do not settle.
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 the factors that impact the final amount.
Injuries in Great Falls can lead to substantial financial strain for individuals and families. The average cost of treating injuries can reach thousands of dollars per incident. Furthermore, significant indirect costs like reduced productivity and quality of life apply.
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.
There is a $250,000 damage cap for personal injury cases from Great Falls. However, this limit only applies to non-economic damages like pain and suffering. You can recover as much as you need for ongoing treatments, therapy, etc.
Statute of Limitations in Great Falls, 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 statute of limitations for personal injury cases in Great Falls is three years.
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 Great Falls, MT Lawyer
Pursue a personal injury claim in Great Falls 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!
