Personal Injury Law: Montana



Every state has its own established laws and regulations governing personal injury claims. In the state of Montana, you must prove that another person’s negligence resulted in an injury. To receive financial compensation, the injured party must prove the extent of the damages they suffered.

Montana is a “Comparable-Fault State”

Montana is considered a “Comparable- Fault State.” This means that, to determine the amount of compensation the injured party is entitled to, responsibility for the injury must first be decided. While the injured party is allowed to be partially responsible for their own injuries and still receive compensation, the other parties involved must hold the majority of the responsibility. In other words, the injured party will not receive compensation if it is determined that they were more than 49 percent responsible for their injuries.

Potential Damages for Personal Injury in Montana

In Montana, damages for personal injury claims can be awarded for financial and non-financial losses. Financial losses may include the costs associated with medical treatment, property damage, lost wages, and the loss of future earnings. Non-economic losses, like pain and suffering, can also be compensated for.

The type and extent of the injuries you’ve suffered will determine the damages you include in your claim and the amount of compensation you seek. If you are unfamiliar with personal injury process in Montana, it might be in your best interest to contact a personal injury attorney to make sure you present your case in a way that will help you receive the compensation you deserve.

Statute of Limitations for Personal Injury Claims in Montana

In a Montana personal injury claim you must ensure that your claim is filed within the statute of limitations. With most personal injury claims, the statue of limitations is three years from the date you suffered injuries. With libel and slander cases, which also fall under personal injury law, the statue of limitations is only two years.

It is important to contact a personal injury attorney as soon as you are injured. It takes time to investigate a claim and collect the appropriate documentation to present a successful case. It is also in important to document everything you can recall as soon as possible after you have been injured. This will help your attorney understand the details of your injury and the circumstances leading up to it.

While some personal injuries are immediately apparent, this is not always true. If the statute of limitations has passed before you realize you’ve suffered harm due to the negligence of another party, you may still be able to file a claim for damages. However, you will need the assistance of a Montana personal injury attorney familiar with handling claims such as these.