PA Category: Personal Injury

If you or a loved one has been injured due to someone else’s negligence, you will almost certainly face overwhelming challenges. Escalating medical bills, physical pain, and emotional turmoil can leave injury victims and their families with deep, lasting wounds. Each day may feel like a battle as you confront the challenge of managing such a complicated and distressing situation.

The good news is that you are not alone in your journey toward justice. The dedicated Butte, Montana, personal injury lawyers at Joyce, MacDonald, Haynes & Johnston have over 90 combined years of experience, and we are committed to fighting for your rights. Our team understands the complexities of personal injury cases. We are here to provide you with the support and legal advice you need during this challenging time. Let us represent you and help you secure the compensation you deserve for you or your loved one’s injuries.

What Does Personal Injury Mean and Does Your Injury Qualify?

Under Montana law, “personal injury” includes certain types of injuries or harms that another person causes due to a negligent or intentional act, including:

• Bodily injury
• Illness
• Emotional distress
• Property damage
• Wrongful death

While a personal injury case may result from an intentional act, such as assault, most claims are based on a legal theory known as “negligence.” To prove that someone was negligent and should be liable for your damages, you must prove four elements:

• The at fault party owed you a duty of care.
• The at fault party breached that duty of care.
• The breach of that duty caused your injuries.
• You suffered damages, such as medical bills, lost wages, and pain and suffering, as a result of your injuries.

The goal of a personal injury case is to compensate the injury victim or their loved ones for their damages. While financial compensation cannot replace the losses that injury victims endure, it is as close as our legal system can get.

“Joyce & MacDonald is number 1 in my book! I was recommended to them after I was injured. They were always easy to get ahold of and stayed in touch. They kept me well-informed
about my case, they listened to my needs and got me what I needed to cover the expenses of that injury. I would definitely call them again if I needed.” – Kim L.

Steps to Take for Your Personal Injury Claim in Butte, Montana

The following steps can help you improve your chances of recovering the damages you deserve in your case:

• Hire an attorney: An experienced personal injury attorney can investigate and prepare your case.
• Submit an insurance claim: Insurance covers many types of personal injury claims. The next step is to submit a claim to an insurance company.
• Negotiate a settlement: The insurance company may agree to settle the claim rather than risk a lawsuit. Most personal injury claims result in an insurance settlement.
• File a complaint and serve the opposing party: If the insurance company will not settle, the next step is to file a lawsuit and serve the other party.
• Litigation: After filing suit, the parties may collect evidence from one another and continue working to negotiate a settlement. Most personal injury lawsuits result in a settlement agreement.
• Trial: Some personal injury claims go to trial. Each side may present evidence and call witnesses. A jury or judge will decide whether the defendant is liable and how much they must pay in damages.
• Appeals: The losing party may be able to appeal the trial verdict. They must be able to point to specific errors by the trial court.

What Damages Can You as a Personal Injury Victim Recover?

Personal injury victims in Butte, Montana can receive two types of compensation for their losses: economic and non-economic damages. In rare cases, an injury victim may also be able to recover punitive damages.

Economic Damages

Economic damages compensate a victim for losses that come directly out of their pockets. Economic damages may include:

• Medical bills
• Lost wages
• Rehabilitation costs
• Lost earning potential
• Funeral expenses in wrongful death cases

Non-Economic Damages

Non-economic damages compensate a victim for the effect of their injuries on their quality of life. Non-economic damages are more difficult to prove and to quantify. Non-economic damages include:

• Pain and suffering
• Emotional distress
• Disfigurement
• Loss of enjoyment of life

Punitive Damages

While economic and non-economic damages seek to make an injury victim “whole,” punitive damages punish a defendant for their conduct. They are only available when a defendant’s actions were intentional and malicious and are rarely awarded.

What Can an Experienced Personal Injury Attorney in Butte Do for You?

A Butte personal injury lawyer can help someone who has suffered injuries because of someone’s negligence or wrongdoing.

• Case evaluation: An experienced personal injury attorney can examine your case to assess how viable your claim is likely to be and how much you can expect in damages.
• Investigation: They will investigate how your injuries occurred and determine who may be legally liable for damages.
• Institutional knowledge: Attorneys in Butte know the law and insurance companies involved in the personal injury system. This can make the process smoother for you.
• Evidence gathering: Your lawyer can gather important documents like medical records and accident reports. They can identify expert witnesses who can help prove your injuries and how they occurred.
• Claim preparation: Your lawyer can prepare an insurance claim and, if necessary, a lawsuit for you.
• Negotiation: A knowledgeable personal injury lawyer will work to negotiate a settlement with the insurance company or opposing counsel whenever possible.
• Litigation: If the other party will not settle, your lawyer will advocate for you in the courtroom.

Case Results

Our law firm’s personal injury and trial lawyers have a track record of successful settlements and verdicts for our clients, including the following:

• $1,250,000.00 settlement after an auto collision that resulted in a wrongful death
• $1,000,000.00 settlement for a workers’ compensation case
• $1,000,000.00 settlement after a vehicle struck a pedestrian
• $900,000.00 settlement for a defective product
• $750,000.00 settlement after a trucking collision resulted in a wrongful death
• $610,000.00 settlement after a car collided with a bicycle
• $600,000.00 settlement for injuries sustained in a trucking collision

Why Work with Joyce, MacDonald, Haynes & Johnston

Our law office has deep roots in the Butte community. Several of our partners were born in Butte, and all of them grew up here. The attorneys have more than 90 years of combined experience advocating for Montana injury victims.

Testimonials

“I went to Joyce & MacDonald law firm when I had a personal injury and was lucky enough to meet and work with Mike Haynes and the competent staff there. Mike immediately put my mind at ease with his knowledge, kindness and thoughtfulness during my entire ordeal making it stress-free. He kept me updated throughout. Through his hard work and perseverance, my case was resolved in a timely manner with a favorable outcome. I would highly recommend Mike Haynes and the entire Joyce MacDonald Law Firm.” – Susan M.

“I thought I had a reasonable idea how to approach my case but I found out I really didn’t know anything about how my lawsuit works. Mike and Sadie led me through this process and were very concerned not to settle too soon to make sure that my injuries were taken care of. They were very knowledgeable about the opposing side and gave me good counsel about how this will play out. They were able to get me a very fair settlement. I highly recommend them to anyone who has been injured.” – Ray M.

Injured by Negligence? We’re Here to Help.

Joyce, MacDonald, Haynes & Johnston is a personal injury law firm serving Butte and other Southwest Montana communities. We provide legal representation to those who have suffered injuries because of other people’s negligence. Our team is ready to help you with your personal injury claim. Contact us today at 406-723-8700 or through our online contact form to learn more about our legal services.