Missoula Personal Injury Lawyer

If you recently sustained an injury that was not your fault, you should be aware that Montana law provides you with the right to seek compensation for your losses from the at-fault party. Of course, you must be able to prove certain elements and follow the claims process correctly to win your claim and recover damages. Speak to a Missoula personal injury lawyer at Datsopoulos, MacDonald & Lind, P.C. for more information and to determine your eligibility to file a claim.

Do I have a valid personal injury case?

The first thing to consider when evaluating the viability of your claim is how your injury occurred. Personal injury cases are based on the concept of negligence. To have a valid claim, your injury must have been the direct result of another party’s negligence. Negligence can come in many forms. For example:

• A truck driver falling asleep at the wheel
• A doctor who misdiagnosed you because he failed to follow accepted medical standards
• A hoverboard manufacturer whose defective product exploded
• A nursing home facility’s abusive staff who hurt a resident
• A property owner who left her vicious dog unrestrained
• A grocery store that left a spill in the aisle without putting out warning signage

If another party, be it an individual, company, or entity, acted carelessly, negligently, or maliciously and caused you harm, you have the right to hold him/her civilly responsible for your injuries and recover compensation.

Experienced Missoula Injury Attorney

How do I prove a personal injury case?

To win a personal injury claim, you will need adequate evidence to prove 1) the other party acted negligently and caused your injury, and 2) you sustained actual physical, financial, and/or emotional harm.

Fault: The types of evidence necessary to prove negligence depend on the nature of the case. For example, if you were injured by a drunk driver, you can use the police report, the driver’s breathalyzer results, and eyewitness accounts to prove fault.

Damages: To justify damages, you will need to collect items that validate your losses so that you can obtain proper reimbursement. Bills, receipts, medical reports, and prognoses, proof of lost wages, photos of your injuries, and testimonies from family and mental health experts about the emotional effect of your injuries may all be useful.

Start an accident file and save all injury- and accident-related documents, records, and evidence to share with your attorney. The more thorough you are, the stronger your claim will be.

What is involved in the personal injury claims process?

The personal injury claims process involves various steps and stages — all of which you must handle within the legal timelines that Montana allows. Investigating the facts of the accident, collecting evidence, establishing fault, drafting and filing documents, calculating and proving damages, negotiating with insurers, and even taking the case to court if necessary are just a few of the tasks that usually take place.

A personal injury claim could be worth thousands or even millions of dollars, depending on the severity of the injuries. To ensure your case is handled correctly and that you get the full amount of compensation you are entitled to, talk to a Missoula personal injury attorney at Datsopoulos, MacDonald & Lind, P.C. for one-on-one advice.