Personal injury litigation is subject to different regulations in every state. To bring a case in Montana it is very important that you consult an experienced Montana personal injury lawyer, who can guide you through the states unique laws.
Personal injury litigation includes many types of action, including car accident cases, defective products cases and medical malpractice cases. A personal injury claim in Montana can arise from negligence or intentional wrongdoing.
In Montana you must prove four elements to win any negligence case:
1. The defendant owed you a duty
2. The defendant did not fulfill that duty
3. The defendants breach of duty resulted in your injuries
4. You suffered damages
Colorado follows the doctrine of modified comparative negligence. This means that a defendant is responsible for the proportion of the damages equal to their proportion of the blame in the injury. However, a plaintiff cannot recover if they were 50% or more at fault for the injury. If the plaintiff's negligence was 49% responsible for an accident, a defendant can still be required to pay 51% of the damages. However, if the plaintiff was 50% responsible for the accident the defendant will not have to cover damages.
Montana personal injury law follows a hybrid doctrine of joint and several liability when determining liability between multiple defendants. Any defendant who is less than 50% at fault is only liable for the share of the damages equal to their proportion of the blame. Any defendant who bears more than 50% of the blame can be held jointly liable for the whole amount of the damages. They can recover some of their costs from the other defendants.
Under Montana law non-economic damages cannot exceed $250,000 in medical malpractice cases. Non-economic damages include pain and suffering, loss of quality of life, loss of companionship, emotional distress and humiliation.
Montana limits punitive damages to either $10,000,000 or 3% of the defendant's net worth, whichever is lower. Punitive damages are determined in a separate hearing after liability and compensatory damages have been determined in the trial. Punitive damages are awarded to punish the defendant for their wrongdoing.
In Montana you have three years to file a personal injury lawsuit under the states statute of limitation.
If you are considering pursuing a claim in Montana you need the counsel of a personal injury attorney who understands the nuances of Montana law. The sooner you begin working with an attorney the easier it will be to build your case and reach a successful outcome.