In the days and weeks after duffering a debilitating injury, it can be difficult to know what’s going to happen next. You may be feeling confused, overwhelmed, and intimidated by the aftermath of your injury. As if being injured badly wasn’t difficult enough, you also need to address the liable party’s negligence.
But the more you know about what’s coming, the more likely you are to have a favorable outcome for your claim. This can help you to feel confident and empowered as you move through your recovery process.
Below, we describe in further detail how two of the most important Montana personal injury laws, the statute of limitations and contributory negligence, could influence the outcome of your case.
The statute of limitations refers to the amount of time you have to file a lawsuit in civil court before being bared from compensation. Each state’s laws are different, but in Montana, if you’re interested in pursuing a personal injury lawsuit, you’ll have up to three years from the date of the accident to file your claim.
This is actually one of the more victim-friendly statute of limitations in the country. Some states allow just six months or one year to pass before the statute of limitations expires. If your lawsuit is not filed before the statute of limitations passes, you will have lost the opportunity to hold the liable party accountable in civil court.
The state’s contributory negligence laws reference how civil claims are handled when the injury victim is partially responsible for causing the accident. Many injury victims don’t think they have grounds for a personal injury claim if they share fault for their injuries. But under Montana’s contributory negligence laws, this is not the case.
Instead, Montana follows a modified comparative negligence doctrine which allows those who share fault to still be awarded compensation, as long as their portion of fault does not exceed the fifty percent threshold. If you share fault for an accident, you should also expect your award to be reduced to reflect your portion of fault.
For example, if Jim forgot to put on his seatbelt when he was hit by a speeding driver, the judge may find him to be five percent liable for his injuries, since he chose not to wear his seatbelt. His award would then be reduced by five percent to account for his portion of blame.
If you’ve been struggling to cope after being injured through the negligent actions of another, you may have the right to compensation for all you’ve been through. A respected Montana personal injury lawyer at Craig Swapp & Associates could be the answer you’ve been looking for.
Our firm is proud to offer complimentary consultations to accident survivors across Montana. Take advantage of this opportunity and call our office at 1-800-404-9000 or visit our website where you can submit our quick contact form.
Salt Lake City personal injury lawyer, Craig Swapp and Associates are available to assist all personal injury victims throughout Utah, Idaho, and Wyoming. Our team can help you obtain financial recovery from just about any type of accident. If you’ve recently become an injured victim in a car accident, don’t hesitate to contact Craig Swapp & Associates for immediate assistance from accident lawyers you can trust.Personal InjuryCar AccidentsTruck AccidentsMotorcycle AccidentsWrongful Death... View full business profile here: Craig Swapp & Associates
