Personal Injury Law in Missoula, MT

Were you hurt due to another’s negligence in Missoula? 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 Missoula, MT can help make sure you receive the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in Missoula relates to the legal process of getting compensation for an injury caused by someone else. These cases involve the plaintiff seeking compensation for expenses incurred and lost income. These cases involve both parties’ insurance companies and may even settle before litigation starts.

Examples of Personal Injury Claims in Missoula, 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 Missoula 

Falls are the leading cause of fatal and non-fatal injuries in older adults in Montana. They are costly both in terms of the severity of the injuries you could incur and the costs, according to Montana’s Fall Prevention Surveillance Report. Overall in Missoula, unintentional falls are one of the most common causes of injury-related death, along with motor vehicle crashes and intentional firearm injuries.

Steps in a Personal Injury Lawsuit in Missoula, MT

Once you determine that you wish to proceed 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 that the defendant’s negligent behavior resulted in damage. As the process proceeds forward, you may have to go through depositions, 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 Missoula, you must then serve the defendant with your demands. Next comes the discovery process or gathering of evidence. This will either lead to a settlement in mediation, or your case will go to trial because no settlement can be reached.

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.

From a quick search, you can find a variety of local Missoula law firms that have published some of their best-case results. Of course, this is to entice you into thinking that your average personal injury settlement could amount to some large amount. However, the Montana Judicial Branch does not list any kind of average settlement amount for personal injury cases. This is because there are many factors such as extreme medical bills, the severity of your injury, or property damages that can drastically influence any individual settlement amount. Typically, it is thought that personal injury cases settle for between $3,000-$75,000. But, depending on the nature of your accident or injury, your case could be worth even more.

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.

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.

In Montana, there are only caps on punitive damages or damages that you can seek in medical malpractice cases. There are no damage caps of any kind for your average personal injury case.

Statute of Limitations in Missoula, 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.

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 Missoula, MT Lawyer

Pursue a personal injury claim in Missoula 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!