The state of Montana has specific rules in personal injury cases that may affect the amount of damages you may be entitled to collect. The following are some important rules in common personal injury scenarios.
Time Limits on Personal Injury Lawsuits- Montana has a statute of limitations of three years on any personal injury claim. This deadline extends from the date of the accident. Failure to submit your claim within the time limit will forfeit your right to hear the case in court.
Shared Fault- Montana has a modified comparative fault rule in personal injury cases. If the injured party is found to be partially at fault by the court, the damages they are entitled to are reduced by a percentage equal to their fault in the accident. If they reach the threshold of 50%, they are barred from collecting any damages at all.
Damage Caps on Injury Cases- Montana caps rewards for non-economic damages such as “pain and suffering”. These caps vary according to the type of injury case being heard by the court. For example, in a medical malpractice case, there is a maximum punitive damage cap of $250,000. These caps do not include expenses incurred by the plaintiff as a result of the accident such as lost wages and medical bills.
Injury Claims Against a State Entity- In the state of Montana, if your personal injury claim is against the government, the time limit to file your claim is much shorter. You must file your claim within 20 days of the accident! It is important to retain counsel as soon as humanly possible in order to avoid losing your right to be heard in court.
Strict Liability in Dog Attack Cases- Montana observes the strict liability rule in all animal attack cases. This means that the owner is at fault regardless of previous knowledge that the animal is dangerous. This rule applies in all such cases, except when the animal has been provoked.
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