Car crashes are the most common cause of personal injuries not just in this state but throughout the United States. Unfortunately, regardless of the frequency of these accidents, it is difficult to effectively file a civil suit over these incidents. If you do not have any prior experience with the civil court system and are still dealing with the physical and psychological effects of your wreck, it may feel even harder.
Navigating the legal and procedural roadblocks that might otherwise keep you from getting paid fairly for your damages could be much easier if you get help from an experienced Missoula car accident lawyer. We could help you establish someone else’s fault for your losses and prove that you did not cause your crash. One of our dedicated personal injury attorneys could provide irreplaceable support throughout every stage of the litigation process. Don’t talk with an insurance company adjuster by yourself. Car accident law is a specialized field, and you need a specialized legal advocate on your side—as soon as possible.
Almost all car accident lawsuits in this state are built around the legal theory of “negligence.” This theory establishes that someone who causes injury to someone else by violating a “duty of care” owed to that injured person holds financial liability for all losses the injured person suffers because of the accident. A “breach of duty” can be anything from an illegal traffic offense to a momentary lapse in concentration while driving, so long as it is a reckless or careless act that a reasonable driver should not engage in.
Recoverable losses—sometimes referred to as “damages”—in a successful lawsuit or settlement demand over a car crash can include both economic and non-economic forms of harm like:
During a private initial consultation at our office in Missoula, we will discuss with you what losses a specific auto accident victim may be able to incorporate into a claim.
Injured people who file car accident lawsuits in Montana can be found partially responsible for causing their own injuries if they, too, were negligent leading up to the wreck. Additionally, a court—or an insurance company acting in a way they know a court would support—may assign a percentage of “comparative fault” to someone whose own traffic violation, distracted driving, or other irresponsible behavior caused a wreck.
Then, the court or insurance company would reduce the total compensation available to that injured person in proportion to their share of fault for the accident or potentially bar recovery altogether if that percentage exceeds 50 percent. This “modified comparative fault” system is outlined in Montana Code § 27-1-702, and it is another aspect of the litigation process that one of our car accident lawyers in Missoula can explain in more detail as needed.
Even a relatively low-speed traffic collision can lead to thousands of dollars in unexpected expenses, not to mention a host of physical and psychological complications that can linger for months or even years. No matter what specific consequences your wreck had, making sure the person who caused that crash is the one held responsible for the harm it has caused could be vital to protecting your long-term best interests.
A Missoula car accident lawyer can provide the persistent and compassionate support you need to get the compensation you deserve for your unique case. Call our Missoula office today to discuss your options and schedule a consultation.
(406) 721-9700