Montana Personal Injury Attorney
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After a serious personal injury due to the negligence of another person, you may be left with rising medical bills and an inability to return to work. The pain from injury, along with the financial stress, can be frightening and leave you full of uncertainty about the future.
You do not know what to do or where to turn and you might be wondering if you should call a personal injury lawyer. Doing so would be a good idea because, without proper representation, you may have to cover those expensive medical bills yourself and miss out on recovering your lost wages.
The caring and compassionate attorneys at Joyce, MacDonald, Haynes & Johnston can help. Let us ease your worries as we assist you in seeking compensation for your injuries while you focus on your recovery.
Types of Montana Personal Injury Claims Our Firm Handles
Joyce, MacDonald, Haynes & Johnston have been championing the rights of injury victims in Butte and the rest of Southwest Montana for more than 90 years. Our law firm is well-versed in state laws and insurance complexities. We offer legal services in the following practice areas:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Drunk driving accidents
- Slip-and-fall accidents
- Premises liability
- Dog bites
- Wrongful death cases
- Workplace accidents/workplace injuries
- Nursing home abuse
- Defective products (product liability)
This is not an exhaustive list, but rather examples of the types of injury cases we handle. Our personal injury lawyers are also able to handle accidents involving serious injury, such as traumatic brain injury and spinal cord injury, along with any other injuries caused by another party’s negligent behavior, action, or decision.
Types of Damages for a Personal Injury Claim in Montana
Individuals suffering from an injury due to the negligence, recklessness, or carelessness of another party have the right to pursue damages under Montana law. The different types of compensation you can pursue are as follows.
- Economic Damages: Economic damages are quantifiable losses, such as medical bills, hospital bills, therapy bills, lost wages, loss of employee benefits, loss of future wages, property damage, funerary expenses, and anything else paid for out of pocket.
- Non-Economic Damages: Non-economic damages are more difficult to quantify because they do not have a precise price attached to them but are losses, nonetheless. Examples of non-economic losses include pain and suffering, mental anguish, emotional distress, reduced quality of life, loss of consortium, permanent scarring, and disfigurement.
- Punitive Damages: Punitive damages are rare, but in some cases, a personal injury victim will be awarded these damages to punish the negligent party and set an example for others. These are not compensatory damages like economic and non-economic awards.
Negligence in Montana Personal Injury Claims
A key difference in Montana is it follows comparative negligence law. This structure can significantly impact a personal injury claim.
What is Comparative Negligence?
Some states are no-fault while others are fault-based, but Montana follows the legal approach of “modified comparative fault.”
This means that the court will look at the situation and assign a percentage of fault for both the victim and the liable party under comparative negligence theory. The level of assigned fault will determine if and how much the injury victim will receive in damages. An example is:
An auto accident injury victim is found to be 30 percent at fault. This means the defendant is 70 percent at fault, and the victim’s award will be reduced by 30 percent to correlate with the percentage of fault.
An injury victim can pursue compensation if they are determined to be less than 50 percent at fault. If they are found to be 51 percent or more at fault, they cannot pursue monetary compensation.
Why Work with Joyce, MacDonald, Haynes & Johnston
Joyce, MacDonald, Haynes & Johnston are fully committed to representing their clients to help them receive compensation for their injuries and justice for the wrongs done to them. Our fellow Montanans often select our law firm to represent them in their cases because they know they can count on us to provide strong communication, deliver transparency, and prioritize their well-being.
Our legal team will be with you from beginning to end. If we cannot successfully negotiate a fair settlement with the insurance company or defendant, we are not afraid to pursue litigation.
The lawyers at Joyce, MacDonald, Haynes & Johnston are local. They are not attorneys working from a distant office. They are neighbors, friends, and members of the community. We take pride in building strong attorney-client relationships. We are well-versed in personal injury law and have years of experience. Call us at 406-723-8700 for a free case evaluation.
Testimonials
“Michael W. Haynes, represented me in the navigation of [an] insurance claim due to a car accident. Michael was very knowledgeable and proficient in his efforts, demonstrating a professional balance between diplomacy and assertiveness that was very effective. He was respectful and practiced transparency in his dealings with me, answering questions thoroughly and in a timely manner, so I felt “in the know” throughout the process, which lessened my anxiety considerably. Through his efforts my claim was settled successfully.” – Wanda J.
“Everyone who helped me at Joyce-McDonald Law Firm was friendly, patient, and helpful. Saidee did an excellent job explaining the process from start to finish, and I was never left wondering what was happening with my case during the “hurry up and wait” periods. Saidee was always respectful of what I ultimately wanted to accomplish and, in the end, she was able to achieve those goals while bringing peace of mind to my somewhat difficult situation. Thank you, everyone at Joyce & McDonald, for your hard work and great representation.” – ALB.
“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.
Hurt Due to the Negligence of Others? Let Us Help You Get Compensation.
The aftermath of an accident that led to injury or wrongful death can be devastating, especially if catastrophic injuries have occurred. It can be difficult to get through each day. You may be facing mounting medical bills, long-term rehabilitation, nightmares, and other difficulties.
The compassionate Montana personal injury lawyers at Joyce, MacDonald, Haynes & Johnston understand the trauma accident victims often face. We will help you pursue fair compensation for your losses and, if necessary, file a personal injury lawsuit.
If you or a loved one has suffered an injury, contact us to schedule a free consultation at 406-723-8700 or fill out our online contact form. At our initial consultation, we will listen to your side of the story and offer legal advice on the next steps.
Frequently Asked Questions
The aftermath of an accident that leads to injury can be stressful, chaotic, and painful. Working with an experienced personal injury attorney can be helpful since they can handle the legal aspects of your case and give you a better ability to focus on healing. Having to deal with insurance companies can add to the stress and prevent you from getting well.
An attorney can gather medical records, speak to insurance companies, and handle all aspects of the case. You only have one chance to get the damages you seek. If you do not have legal representation, you may lose your one chance to receive the damages you are eligible to receive.
Montana imposes a three-year statute of limitations for filing an injury claim. It is best to speak to a personal injury attorney as soon as possible. Three years may sound like a long time, but it does take time to build a solid case. With a handful of exceptions, the three-year timeframe could be longer; an attorney can advise you if your case qualifies to file later.
Punitive damages are very rare. For a court to award punitive damages, the at-fault party’s actions must be intentional and inexcusable, involving true malice and intent to cause injury.
It is difficult to assess how long it will take to settle a personal injury case since every situation is different. Generally speaking, though, many cases settle within a year.
To successfully win a negligence case in Montana, you need to typically prove an injury occurred and that the defendant’s actions or decisions are directly related to your injury.
Montana is an “at-fault” state. This means the court will determine liability and designate who is financially responsible for the cost of a victim’s injuries.
