MONTANA Personal Injury Lawyer

When negligent or intentional misconduct or a defective product causes serious injury, the person hurt may usually recover compensation for the harm. Serious personal injuries or wrongful death may be the result of medical negligence, poor design or manufacturing of a product, auto or traffic accidents, falls, attacks, workplace injuries, or countless other dangers. The type of accident in which the harm was sustained will determine the personal injury claim the victim can file. A personal injury claim is one way an injured individual may obtain compensation through a settlement with or judgment against the individual or corporation that caused the injury, or their own insurance company. Some claims may need to go to court if insurance companies and the injured individual cannot agree upon a settlement amount. 

Legal assistance is always recommended regardless of whether a claim goes to court. While individuals harmed due to negligence, intentional misconduct or defective products are entitled to fair compensation, insurance companies are usually not eager to pay victims what they deserve. To protect your right to fair compensation and prepare your claim to go to trial, you should work with an experienced Montana personal injury lawyer. A lawyer will prepare your claim to make sure you receive all of the compensation that you deserve and will make sure your claim is ready for trial if needed.

Most Common Personal Injury Claims 

Personal injury is an area of civil law that allows insured accident victims to seek financial compensation (damages) for their injuries and losses. Negligence in a personal injury claim refers to the failure to act reasonably resulting in harm or injury to another person. Depending on the type of accident, the victim can file the following types of personal injury claims among others. 

Motor Vehicle Accidents

Motor vehicle accidents are one of the leading causes of death related to unintentional injuries in the U.S. Thousands of people suffer severe injuries or fatalities from motor vehicle collisions every year. Motor vehicle accidents may be the result of:

  • Speeding

  • Driving under the influence

  • Distracted driving

  • Reckless driving

When a driver breaches their duty of care by driving negligently and injuring someone, the victim can file a personal injury claim. 

Slip-and-Fall Accidents

Slip-and-fall claims allege that dangerous property hazards or defects caused the victim to slip, trip, or fall, and the property owner had the power to prevent the accident but failed to act accordingly. After a slip-and-fall incident, the victim may file a premises liability claim. This area of personal injury law deals with unsafe property conditions. In a premises liability lawsuit, property owners are liable for injuries that resulted from unsafe conditions that the property owner knew of or should have reasonably known about but failed to repair or otherwise address. 

Product Liability

Product liability claims are filed against a product manufacturer, distributor, supplier, or retailer for a product that contained defects and injured a consumer. All manufacturing companies and resellers are responsible for ensuring their products are reasonably safe. If a product with a design malfunction or manufacturing defect injures a consumer, that person may file a product liability claim to recover damages.

Medical Malpractice 

Medical malpractice claims are filed against medical professionals when they make unreasonable mistakes that harms the patient. Medical practitioners must adhere to strict standards of care when treating patients. When they fail to act according to those standards or fall short of those standards, it can lead to dire consequences for the patient. Victims of medical malpractice can recover financial compensation for their losses through a timely medical malpractice claim.

Wrongful Death

Wrongful death claims seek damages for the preventable death of an accident victim. These types of accidents may involve fatal car crashes, workplace accidents, acts of violence, or other circumstances. If the surviving family proves that the wrongful conduct of one or more parties is responsible for causing the fatal injury, the estate and family may be entitled to financial compensation for economic and non-economic losses resulting from the wrongful death. 

Montana’s Negligence and Comparative Negligence Laws

In a Montana personal injury claim that is based on negligence, the injured person (the plaintiff) must establish the other party (the defendant) is at fault for their injuries. The plaintiff and their attorney have the burden of establishing the defendant was negligent, resulting in the plaintiff’s injuries. To do so, the plaintiff’s attorney must prove:

  • Duty of care: Duty of care arises when the law recognizes a relationship between the plaintiff and defendant that requires the defendant to exercise a set standard of care to avoid harming the plaintiff. In Montana, everyone has a duty to exercise reasonable care in their conduct and that duty extends to anyone who is foreseeably injured by the failure to exercise reasonable care.  There are also additional special duties owed by certain people and companies to the people they deal with.

  • Breach: The plaintiff must prove the defendant breached their duty of care.

  • Causation: The plaintiff must prove that the defendant’s breach caused their injury.

  • Damages: The plaintiff must prove that they suffered an injury and the extent of the injury.

Under Montana’s comparative negligence law, the person asking for damages in the lawsuit must not be more than 50% responsible for their injury. In cases where the injured victim is 50% responsible or less, the total damages allotted to them will be reduced by their percentage of fault.

Montana’s Personal Injury Damages 

In personal injury law, damages refer to the total monetary compensation a person is entitled to receive for having suffered bodily, emotional, or financial harm due to the negligence or intentional misconduct of another party or due to a defective product. Damages that an individual may be entitled to include:

  • past and future medical expenses

  • past and future lost earnings

  • past and future lost value of household services

  • pain and suffering, lost enjoyment of life, and emotional distress

  • property damage

In dealing with a personal injury case, it is important to reach out to an experienced Montana personal injury lawyer as soon as possible after the accident. An experienced personal injury lawyer can preserve evidence and witnesses, comply with time limitations for filing an action, and secure justice for those who have been seriously harmed. 

Contact an Experienced Montana Personal Injury Lawyers at Morrison Sherwood Wilson & Deola

Suffering physical or mental injuries due to someone’s negligence, intentional misconduct, or a defective product can be a traumatic experience. Personal injury accidents may result in severe injuries that leave victims unable to work and with endless medical bills. Fortunately, victims may be entitled to recover financial compensation through a personal injury claim. However, recovering monetary compensation is not always as easy as simply filing a claim with an insurance company. 

Personal injury law is complex and often challenging, which is why Morrison Sherwood Wilson & Deola is dedicated to providing unparalleled legal representation to the people injured in Montana. We believe that injured victims deserve to be fairly compensated and will work tirelessly to ensure our clients recover the fair and maximum compensation they are owed. Our Montana personal injury attorneys have the skills, resources, and expertise to pursue your right to fair compensation. You can schedule a consultation by filling out our contact form below.