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A personal injury lawsuit arises when someone is harmed due to another person’s negligence or wrongful actions. These claims often involve injuries that require medical care, time away from work, and sometimes lifelong changes.
At Wall, McLean & Gallagher LLC, with offices in Helena and Anaconda, we’ve represented Montanans in hundreds of personal injury cases, including trials in state and federal court and arguments before the Montana Supreme Court.
Personal injury lawsuits in Montana can arise from many different situations. Some of the most common include:
Car crashes are one of the leading causes of personal injury cases. Whether it’s a rear-end collision, distracted driving, or a head-on accident on Montana highways, injured victims may be entitled to compensation for medical bills, lost wages, and pain and suffering.
Collisions involving commercial trucks and semis are often more severe due to their size and weight. These cases can be complex, involving multiple parties such as drivers, trucking companies, and insurers.
Montana’s open roads are popular with motorcyclists, but riders face higher risks of serious injuries when other drivers fail to share the road responsibly.
If you’re injured on someone else’s property due to unsafe conditions (like icy sidewalks, broken stairs, or poor lighting), you may have a premises liability claim.
When healthcare providers fail to meet professional standards of care, patients can suffer lasting harm. Medical malpractice claims may involve surgical errors, misdiagnosis, or failure to provide proper treatment.
Owners can be held responsible if their pets cause injury. Dog bite claims are among the most common animal-related cases.
Under Montana’s dram shop laws, businesses or individuals who serve alcohol to visibly intoxicated persons can be held liable if that person later causes injury.
Not all personal injury cases stem from negligence. If someone intentionally harms you, you may have a right to pursue damages in civil court, in addition to any criminal proceedings.
Damages in Montana personal injury cases typically fall into three categories:
Personal injury actions often result in three types of damages. The first includes “hard” damages, such as for lost wages, incurred medical expenses, and to recover the cost of any purchases necessitated by the injury (like crutches). These types of damages can be easily calculated if they are supported by paystubs, tax records, and medical bills, so it’s important to keep a good record.
The second type of damages is known as “general” damages. These can include the amount of pain, suffering, worrying, and mental anguish which result from the injury. If a person has a permanent injury and, as a result, can no longer engage in certain activities, then that person may be able to claim damages in the form of a loss of ability to pursue a normal course of life. These damages are not easily calculated and citizen jurors are instructed to use “calm and reasonable judgment” in determining these amounts.
Third, in rare cases, a jury may award punitive damages. Punitive damages are not necessarily to compensate the victim, but to punish the person who caused the injury and to deter such conduct in the future. A jury must find that the person who caused the injury acted with intent, malice, or a reckless disregard for his or her actions, as opposed to just negligence. These types of damages require a higher standard of proof.
If you’ve been injured in an accident in Montana that wasn’t your fault, it’s important to act quickly. Most claims must be filed within one to three years of the date of injury. An experienced personal injury attorney can evaluate your case, explain your rights, and help you seek fair compensation.
With over 60 years of combined experience, our trial lawyers are dedicated to helping Montanans recover after serious injuries. We represent clients in cases involving personal injury, car and truck accidents, employment disputes, wage claims, real estate conflicts, and more.
With offices in Helena and Anaconda, we are proud to stand up for our neighbors across Montana.
