Montana Personal Injury Guide
What to do when you’re hurt in Big Sky Country
Montana, also known as "Big Sky Country," is so beautiful that it can distract even the most diligent of drivers. The state has its fair share of car accidents, personal injuries and negligence cases. Sometimes it's difficult to figure out where to place blame and liability. Perhaps it was you who was injured, or maybe it was a friend or family member. Whatever happens, if you need guidance for your personal injury case, Enjuris has the answers.
Montana personal injury law: the basics
- Montana statute of limitations
- Calculating the value of your Montana case
- Caps on personal injury damages in Montana
- Fault, liability & negligence laws in Montana
- Pain and suffering compensation in Montana
- Types of personal injury damages in Montana
- Montana court system - where to file your injury claim?
- Finding a Montana personal injury lawyer
- Steps in a Montana personal injury lawsuit
- Montana personal injury FAQs
- Resources for Montana accident victims
Murphy Law Firm
Montana Personal Injury & Workers’ Compensation Lawyers Workers’ compensation, personal injury, automobile accident & social security disability attorneys- Compassionate counsel and aggressive litigation
- FREE case evaluation
- No fee unless you receive compensation
- Serving Great Falls, Montana
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What does an injury lawyer do?
A personal injury lawyer helps individuals who have sustained injuries in accidents to recover financial compensation. These funds are often needed to pay for medical treatment, make up for lost wages and provide compensation for injuries suffered. Sometimes a case that seems simple at first may become more complicated. In these cases, consider hiring an experienced personal injury lawyer. Read more
From our blog
More legal resources for Montana residents
Montana statutes online
This is where you’ll find Montana's revised statutes. The website has details about how long you have to bring a case, monetary limits on personal injury cases (which are also known as damage caps), and other important information.
To read:
Montana's car accident statutes of limitation
In Montana, you have three years to bring a personal injury and two years to bring a property damage claim. That means you have three years to file your paperwork with the court, not that your case has to be completed in that time frame.
Montana's Statute of Limitations
To read:
Choosing the best Montana lawyer
The first meeting with a personal injury attorney is normally free of charge. (Note that other legal specialties, such as criminal defense law or real estate law, are different.) After that, lawyers work on a contingency basis, which means that they will take a third of the eventual reward or settlement, plus whatever office expenses they incur along the way.
If your case ends up going to trial, the percentage could rise to 40% of the eventual reward or judgment. These numbers aren't determined by law, so don't be surprised if your lawyer suggests something else.
Want to hire a lawyer and need some help? Check out some of our best articles:
- Choosing a personal injury attorney – interview questions
- Why might a personal injury lawyer deny my case?
- Preparing to meet with a personal injury attorney
- Negotiating lawyers fees - how do accident lawyers charge? Are there any hidden costs?
- When do you NOT need an attorney after an accident?
- Jurisdiction: Accidents that involve multiple states
Famous Montana cases and statistics
Cases of interest in Montana
These are some cases of legal importance that came out of the Montana courts:
- Betterman v. Montana, 578 U.S. _____ (2016): The United States Supreme Court held that the right to a speedy trial under the Sixth Amendment does not necessarily mean the right to speedy sentencing. This came about when the defendant was held in jail for 14 months before being sentenced for assaulting a family member. He said that this violated his constitutional rights; however, the Court stated that the right to a speedy trial is different than sentencing because it a defendant is innocent until proven guilty, and it is a system of checks and balance.
- Baxter v. Montana, 2009 MT 449: This Montana Supreme Court case discussed whether terminally ill patients had the right to die with dignity. The Court managed to sneak around the question of whether the right to die was guaranteed under the state constitution, which advocates had hoped for; they instead voted on the narrower ground that neither legal precedent nor the state's statute deemed a doctor's assistance was against public policy.
- State v. Stanko, No. 97-486 (1998): When the plaintiff was pulled over for driving 85 miles per hour, but the Montana statute only said that driving "at a rate of speed greater than is reasonable and proper under the conditions existing at the point of operation" was against the law. He brought a suit that claimed this was void for vagueness, and the Montana Supreme Court agreed, saying that it violated the state Constitution.
Data and statistics
Here is some intriguing data about Montana:
- Bureau of Labor: Statistics
- StateMaster: Statistics
- Department of Health and Human Services: Statistics
- U.S. Census: Data
Montana law libraries
There are a large number of issues you can solve without the help of an attorney, surprisingly enough. If you don't know where to begin, a law librarian can help you. They are usually legally trained, and they can help you both with texts or online research engines like LexisNexis or Westlaw.
- Montana State Supreme Court: State Law Library
- University of Montana: William J. Jameson Law Library
Basics of personal injury law
Are you or a loved one still reeling after an accident? You need real answers to help you deal with real life challenges facing your recovery. Get started here to learn about the core pillars of personal injury law and the common questions surrounding them.