Personal Injury Law in Montana
To be successful in a personal injury case in Montana there needs to be proof that a person has clearly violated a law and that this violation led to another person’s injury. Montana operates under a comparative negligence law. Meaning if the suing party was in any way responsible for the accident in question, the amount they can recover will be reduced accordingly. Also, any party that is 51 percent or more responsible for the incident cannot collect any compensation for losses. The only way a person can collect any compensation is if they can prove that they were less than 51 percent responsible for the accident. If multiple parties were involved in the incident, parties that were 51 percent or more responsible can be forced to pay for all of the suing party’s losses and parties that were less than 51 percent responsible are only required to pay their share of the suing party’s losses. If the party 51 percent or more responsible ends up paying more than their share of the suing party’s losses they are entitled to sue other parties responsible for their own personal compensation.
In cases of consumer products, Montana operates under strict liability law. This law requires proof that the product was flawed and or there was a lack of warning, the flaw(s) and or lack of warning caused personal harm to the suing party either physically or emotionally, and the suing party used the item in the way it was meant to be used.
Defendants found responsible must pay compensation for all medical expenses, all work lost, any personal items that were damaged, any additional costs directly relating to the incident, personal injuries, and any pain and suffering relating to the incident.
Montana medical malpractice cases have a limit on non-monetary compensation the suing party can receive. The limit is $250,000, there is no limit on monetary losses. In these types of cases it is usually best to consult a trained medical doctor specific to the field in which the incident occurred.
The statute of limitations in Montana is three years. If a claim is not filed within three years a claim can no longer be filed. Consult a qualified Montana Personal Injury Lawyer to see if you have a valid case before entering into any kind of lawsuit.
The article presented above is based on the best available data available and is for informational purposes only. Consult a qualified personal injury attorney before relying on any information presented here.
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