Personal Injury Claims & Lawsuits In Montana

Common Types of Personal Injury Claims Filed in Montana

Personal injury claims & lawsuits in Montana arise for many reasons. Understanding the most frequent of these can ensure that you take the necessary next steps when filing your own personal injury claim.

Motor Vehicle Accident

Montana is a tort state for motor vehicle accidents. This means you can file a claim against the other party’s insurance. If you choose to pursue a lawsuit, you can go directly against the liable party.

As the plaintiff, you must show that the other party holds the majority of fault. The defendant can state that you were partly to blame for the accident, but as long as you were less than 51% at fault, you can still recover losses.

That’s a result of Montana’s modified comparative negligence laws. The nationwide trial success rate for car accident claims is 64%.

General Injury

You can file a claim against the responsible party’s personal liability, homeowners, auto or general liability insurance if their conduct caused you harm. It’s also possible to begin a lawsuit directly against their assets.

The plaintiff must demonstrate that a reasonable person would not have behaved in the same manner. The defendant will likely attempt to pin the blame on you by stating that you were partly responsible. They could also try to minimize your losses. For general injury cases, the national trial success rate is 50%.

Workers' Compensation

In a Montana workers’ compensation claim, you would file against your employer’s insurance. Their insurance typically protects them against lawsuits, so you’ll only be able to file one if there was a third party involved.

In these cases, the plaintiff must demonstrate that they sustained a work-related injury or illness. The defendant might try to show that the injury didn’t occur at work or that there isn’t sufficient evidence to prove that you need to take time off.

Because most of these claims settle, there are no statistics available regarding workers’ compensation trial success rates.

Sexual Assault

If you are a survivor of sexual assault, you can begin a claim against the personal liability or general liability insurance of the perpetrator. You may also file a lawsuit against them that goes after their personal assets. If other parties were involved, like institutions, you may be able to sue them, too.

Usually, the plaintiff has to show that they were forced into some form of sexual activity or that they were not capable of consenting. In these cases, the defendant may try to prove that the sexual activity was consensual or that the assault never occurred.

While there aren’t specific numbers for sexual assault cases, the trial success rate throughout the country for intentional torts is 52%.

Dog Bite

After a dog bite, you can file a claim against the pet owner’s homeowners or personal liability insurance. You can begin a lawsuit directly against the liable party, too.

Montana has strict liability laws for dog bites, so the plaintiff doesn’t have to demonstrate that the owner was negligent or that they knew the dog was dangerous. A defense that the other party may pursue is that you were trespassing at the time of the attack or that you provoked the animal. The success rate at trial for these cases nationwide is 75%.

Slip and Fall

To file a slip and fall claim, you would do so against the property owner’s general liability or homeowners insurance. Filing a lawsuit allows you to go directly after the person’s assets.

The plaintiff has to show that the property owner knew or should have known that a slipping hazard existed and did nothing to resolve it. The defendant might try to prove that you should have seen the hazard and avoided it. These cases have a trial success rate of 39% around the country.

Medical Malpractice

In a medical malpractice case, you can file against the professional’s insurance as well as the insurance of any facility that employs them. It’s possible to begin lawsuits against these parties, too.

As the plaintiff, you must demonstrate that you received substandard care, resulting in injuries. The defendant may state that the care you received was the same that you would have gotten from another professional. Trial success rates for medical malpractice are between 21% and 30% nationwide.

Filing a Personal Injury Claim

To file personal injury claims & lawsuits in Montana, you’ll need to hire an attorney. They can investigate the incident and prepare a demand letter for the other party’s insurer. This letter will state your losses and the type of settlement you’re seeking.

The insurer will then reply, which typically leads to negotiations. About 60% to 70% of claims resolve at this stage.

Typical Personal Injury Settlement Amounts in Montana

Throughout the country, the average settlement for car accidents is $30,416, and $29,750 for workers’ compensation claims. Sexual assault settlements in Montana range from $850,000 to $1,300,000, while settlements for dog bites average out to about $97,517.

When You Need to File a Lawsuit

You need to file a lawsuit if there are disputes about fault, if your claim was denied or if insurers make low offers. To do so, your lawyer will file the lawsuit in the appropriate court and have the defendant served. The discovery phase begins next, and negotiations can continue until the trial starts.

Between 15% to 20% of personal injury cases result in lawsuits. Of these, only between 3% and 5% go to court.

Get Matched With a Personal Injury Lawyer in Montana

An attorney can help you gather the evidence you need to prove you deserve compensation. They can negotiate with insurers for settlements and, if that fails, they can take your case to court.

At ConsumerShield, our team can help connect you with a trusted Montana attorney. Contact us to get started today.