Learn more about Montana’s personal injury laws, accident facts, and liability minimums.
You don’t have to succumb to pressure and tactics from defense attorneys and the defendant’s insurance companies to drop your case and settle for less. Don’t hesitate to reach out to us today at 888-711-3599 to learn more about how lawsuit funding in Montana works. Read the guide below to learn more.
Montana has some of the most beautiful and scenic highways in the United States, but unfortunately, some of these highways are also among the deadliest due to a variety of factors, including weather conditions, driver behavior, and road design.
Some of the deadliest highways in Montana are:
US-2: This highway stretches across the entire state of Montana and has been ranked as the deadliest highway in Montana in recent years.
MT-200: This highway runs east to west through Montana and has been the site of numerous fatal accidents.
I-90: This interstate highway runs through Montana and has been the site of many accidents due to its high traffic volume and adverse weather conditions.
MT-3: This highway runs from Billings to the Canadian border and has been the site of several fatal accidents in recent years.
According to the Montana Department of Health and Human Services, unintentional injuries are a leading cause of death in Montana, and motor vehicle crashes are a major contributor to these injuries. In fact, motor vehicle crashes are the leading cause of injury-related deaths in Montana, accounting for more than half of all injury deaths in the state.
Under this scenario, driving under the influence of alcohol and not wearing seatbelts accounts for most car accident fatalities in Montana. Recent reports show that Montana has a whooping 88.7 injury death rate per 100,000 of the population. This number is significantly higher than the national average of 60.1.
The Montana Department of Health and Human Services highly recommends people take steps to prevent these types of injuries, such as wearing seat belts and helmets and using child safety seats.
When there is an accident, a claim must be filed within a stipulated period, or you can risk losing the chances of getting potential compensation.
The statutory time limit for filing your claims is known as the statute of limitations. Below is a list of the different statutes of limitations in Montana:
- Injury to person — 3 years;
- Assault & Battery — 2 years;
- Wrongful Death — 3 years;
- Medical Malpractice — 3 years.
Cases of false imprisonment, Trespass, Libel/slander, fraud, and injury to property should be filed within two (2) years.
If you miss this time of grace, your case will be dismissed for exceeding the time allowed to file the suit, and you will lose your right to make a legal claim forever.
However, there are cases of exemptions where the law allows a minor to file for damages years after the accident or injury happened. Such exemptions are provided under the Tolling Rule.
The Discovery Rule
The Discovery Rule allows plaintiffs to sue for damages whenever they discover that an accident or someone’s negligence is responsible for their pain and suffering, even after the statute of limitations has elapsed.
The Discovery Rule set the clock to start when the injury was discovered.
Montana is an “at-fault” or “tort” state, which means that in the event of a car accident, the driver who is found to be at fault is responsible for covering the costs of damages and injuries resulting from the accident. In Montana, the fault is typically determined by examining the actions of each driver leading up to the accident, and the driver who is deemed to have caused the accident is responsible for paying for damages and injuries.
Under Montana law, the state requires all drivers to carry liability insurance to cover the costs of property damage and injuries that may occur in a car accident. The minimum liability insurance coverage required by law in Montana is 25/50/20:
- $25,000 for bodily injury or death per person;
- $50,000 for total bodily injury or death per accident;
- $20,000 for property damage.
Montana also requires drivers to carry uninsured/underinsured motorist coverage with the same minimum limits as their liability insurance. This coverage is designed to protect drivers and passengers in the event that they are involved in an accident with someone who does not have adequate insurance coverage.
In addition to these mandatory insurance requirements, Montana also allows drivers to purchase optional insurance coverage, such as collision and comprehensive coverage, to provide additional vehicle protection.
Montana is a comparative fault or comparative negligence state, which means that in the event of a car accident, fault or liability is allocated between those involved based on the degree to which each party was at fault.
Under Montana law, damages in a personal injury case are reduced by the percentage of fault attributed to the plaintiff. For instance, if the plaintiff is found to be 20% at fault for an accident, their damages award will be reduced by 20%.
Montana uses a modified comparative fault system, which means that a plaintiff can only recover damages if they are found to be less than 51% at fault for the accident. If the plaintiff is found to be 51% or more at fault, then they cannot recover any damages.
Time is always of the essence when you are engaged in a legal battle. First, you have to file your claims fast enough within Montana’s statutory time limit and then motivate your attorney to get the job done.
However, all of these come with financial implications, and plaintiffs may not have much money at their disposal to continue waiting on their settlement while injured or out of work. The good news is that with the legal funding option, victims of personal injury can aim for a fair settlement instead of settling quickly and cheaply. Insurance companies tend not to prefer this option because it gives you extra time to negotiate the final and better payout amount for your case.
Baker Street Funding makes it easy to get the cash relief you need in MT. With hundreds of accepted legal claims, chances are your Montana lawsuit settlement qualifies for financing. Get ahead with a settlement advance and apply online or give us a call at 888-711-3599 today. Get financial relief during your pending lawsuit with cash advances that cover your most important expenses while you wait out your case.
Cities in Montana we commonly fund:
- Great Falls
- Helena Valley
- Miles City
- Columbia Falls
Counties we typically fund in Montana:
- Lewis and Clark
- Silver Bow