What You Need To Know About Filing A Personal Injury Claim In Montana

In Montana, if you suffer an injury due to someone else’s negligence, you have the right to file a personal injury claim and seek compensation for your losses. However, navigating the legal process can be complex and overwhelming, especially if you are dealing with the physical and emotional trauma of an injury. In this article, we will provide you with the information you need to file a personal injury claim in Montana.

What is a Personal Injury Claim?

A personal injury claim is a legal action taken by an individual who has been injured due to another party’s negligence. The purpose of a personal injury claim is to seek compensation for damages resulting from the injury. In Montana, damages can include medical expenses, lost wages, pain and suffering, and more.

Statute of Limitations

In Montana, there is a statute of limitations for filing a personal injury claim. The statute of limitations is the time limit in which a lawsuit must be filed. For personal injury claims in Montana, the statute of limitations is three years from the date of the injury. If you do not file your claim within the statute of limitations, you may be barred from seeking compensation.

Comparative Negligence

Montana operates under a comparative negligence rule, which means that if the injured party is found to be partially at fault for their injury, their compensation will be reduced accordingly. For example, if you were 20% at fault for an accident resulting in your injury, your compensation will be reduced by 20%.

Hiring an Attorney

Hiring a personal injury attorney can greatly increase your chances of receiving fair compensation. A personal injury attorney can help you navigate the legal process, gather evidence, and negotiate with insurance companies on your behalf. Most personal injury attorneys work on a contingency fee basis, meaning they only get paid if you receive compensation.

Documenting Your Injury

It is important to document your injury as thoroughly as possible. This includes keeping records of medical treatments received, obtaining copies of medical reports and bills, and taking photographs of your injury and the accident scene. The more documentation you have, the stronger your case will be.

Filing a Claim

To file a personal injury claim in Montana, you must first determine who is liable for your injury. This may be an individual, a business, or a government entity. Once liability has been established, you can file a claim with the liable party’s insurance company. The insurance company will investigate the claim and either accept or deny liability. If liability is accepted, the insurance company will offer a settlement. If the settlement is not satisfactory, your attorney can negotiate on your behalf or proceed with a lawsuit.

Going to Court

If negotiations fail, your personal injury case may go to court. In Montana, personal injury cases may be heard by either a judge or a jury. The court will consider the evidence presented and determine whether the liable party is responsible for your damages. If the court finds in your favor, they may award damages to compensate you for your losses.


Filing a personal injury claim in Montana can be a complex and stressful process. It is important to have the right information and support to navigate the legal system and advocate for your rights. By hiring an experienced personal injury attorney and documenting your injury thoroughly, you can increase your chances of receiving fair compensation for your losses.

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