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Personal Injury

"Personal injury" refers to physical injuries and financial losses resulting from another’s reckless, careless, or intentional wrongdoings. To get compensation from a person, government agency, or corporation (and their insurance company) who injured you, you must be able to prove five things:

  • The other party had a duty of care toward you or a loved one
  • They violated that duty
  • The other party was liable (i.e., at fault)
  • The extent of your damages

Legal responsibility (i.e., liability) does not require you to prove the person, government agency, or corporation intended to harm you. Proving negligence (i.e., conduct that was unsafe and unreasonable under the circumstances, such speeding and causing a car accident) is sufficient evidence to demonstrate liability.

Under Montana law, a person who suffers such an injury can recovery monetary damages for:

  • Past and future physical pain and suffering, mental anguish and physical impairment;
  • Past and future medical, incidental and hospital expenses;
  • Past and future lost wages and lost earning capacity; and
  • Punitive damages in cases of egregious wrongdoing.

If a person has died as the result of another’s negligence (a “wrongful death“), family members can seek compensation for their loss.

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