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Personal Injury Attorneys in Billings, Montana

The attorneys at Ragain & Cook, P.C., have helped the people of Billings, Montana sort through complex personal injury cases for more than 40 years.

An accident involving personal injury can be scary. You may not understand your rights or know how to recover your medical costs, lost wages from missed time at work, or property damage expenses.  We understand how devastating a bad accident can be, and we are committed to helping families and individuals get through tough times with honest, reliable, and beneficial legal counsel. If you need help after an accident, we are here for you.

What Is a “Personal Injury” Claim in Montana?

A personal injury claim is every victim’s right if someone else’s actions cause the accident. Montana’s civil justice system includes provisions permitting injured accident victims to seek financial restitution (damages) through a personal injury claim, in which the claimant (plaintiff) will have to prove the other party’s (defendant’s) negligence. A personal injury claim will have two basic issues:

  • Liability: The question of liability is at the center of all personal injury claims. Liability refers to one’s legal responsibility for someone else’s damages. Someone may carry liability for a personal injury if he or she should have done something to prevent the injury. In other words, if the person was negligent in a way that caused or contributed to someone else’s injuries.
  • Damages represent the injuries and losses the victim sustained in an accident because of the defendant’s negligence or breach of duty. Damages can refer to a range of losses, including property repairs, medical bills, personal injuries, emotional distress, lost wages, mental anguish, the death of a loved one, funeral/burial costs, loss of consortium, and lost enjoyment of life.

In a successful personal injury claim, the plaintiff will prove the defendant’s negligence and fault for the accident, after which the judge or jury will award the plaintiff a financial award to reimburse the total value of the plaintiff’s losses. This amount could be in the millions depending on the severity of the injuries. The skill of the lawyer involved in the personal injury claim can go a long way toward maximizing damage recovery in Billings.

Common Types of Personal Injury Claims

  • Auto accidents. There were more than 34,000 fatal car accidents in 2016, and many thousands more caused all types of injuries. When a driver suffers injuries from a car accident, he or she should meet with a reliable personal injury attorney to determine whether a negligent driver is responsible for the injured driver’s damages. A personal injury lawsuit for an auto accident in Montana can yield compensation for the plaintiff’s vehicle repair costs, medical bills, and pain and suffering from severe injuries.
  • Violent crimes. When a person commits a violent crime such as armed robbery or assault, the offender can face criminal action from the state as well as civil actions from their victims. The victim of a violent crime can file a personal injury claim for his or her medical expenses, lost income, pain and suffering, and property damage resulting from a violent crime. Some defendants will need to pay restitution or punitive damages to victims, and the amount depends on the financial status of the defendant and the seriousness of the offense.
  • Injuries and damages from defective products. Product manufacturers must ensure their products are safe and effective through normal use. This means ensuring safe and consistent production practices, including comprehensive safety warnings and instructions for proper use for all products, and designing safe and effective products. When a defective product results in injury to a consumer, the injured party will not necessarily have to prove that the manufacturer was negligent, only that the product in question is defective and directly caused the plaintiff’s damages.
  • Medical malpractice. Medical errors are an increasingly common reason for personal injury claims in the United States. When a medical professional fails to meet an acceptable standard of care for a patient, he or she faces civil liability for the resulting harm. Misdiagnoses, delayed diagnoses, surgical errors, and pharmacy errors are a few examples of common medical malpractice cases. While these cases follow a similar framework to typical personal injury claims, some states have special provisions concerning caps on damages, punitive damages, and the statute of limitations for filing claims.
  • Dog bites. Montana dog owners should know that the state follows a strict liability rule for dog bite injuries that occur in public places or while lawfully within private property. As long as the victim did not provoke the dog, the dog’s owner is liable for any resulting damages regardless of whether or not the owner knew the dog may attack someone.
  • Child injuries at daycare or school. Parents trust schools, daycares, and other childcare facilities to provide a safe and nurturing environment for their children. When child injuries occur in these places, the parents must determine whether or not an injury occurred due to negligence. Poor supervision, defunct playground equipment, dangerous toys, and excessive roughhousing between kids can all result in serious injuries.
  • Public transportation accidents. When a driver or passenger suffers injuries from an accident with a common carrier, such as a bus agency or other form of public transportation, the process for filing a legal claim is different than one filed against another private citizen. An attorney can help an injured public transportation passenger determine his or her legal options for filing a lawsuit against a government entity.
  • Workplace injuries. An injured employee will have the opportunity to file for workers’ compensation benefits after an on-the-job injury, but these benefits may not fully cover all the employee’s damages. If a negligent supervisor, defective product, or negligent third party caused the employee’s injury, an attorney can help the injured employee determine his or her options for legal recourse.

How is Negligence Determined in Montana?

Determining liability comes down to proving negligence. Negligence is a legal theory that refers to the failure to use reasonable care in doing something, resulting in another person’s injury or other damage. Negligence can take many shapes and forms, according to the situation. Anything that a reasonable and prudent person would or would not have done in a similar circumstance could constitute negligence in the state of Montana. Examples of negligence that often cause personal injury accidents include:

  • Distracted or dangerous driving. Distracted and negligent drivers cause thousands of serious personal injuries and deaths in Montana every year. It is every driver’s legal duty to reasonably prevent injuries to others on the roadway. Failure to do so, causing a car accident, is negligence. Common examples include drunk driving, drowsy driving, texting and driving, speeding, and ignoring the right-of-way.
  • Lack of property maintenance. Premises liability claims arise when a landowner negligently cares for the property, resulting in hazards such as slip-and-fall risks, property defects, malfunctioning equipment, dangerous staircases, loose animals, exposed wires, toxic substances, and uncovered swimming pools. The owner will be liable if his/her negligence caused the accident in question.
  • Medical negligence (malpractice). Medical malpractice describes the failure of a health care practitioner or facility to adhere to the accepted standards of patient care in the medical industry. Inadequate patient care, misdiagnoses, medication errors, surgical mistakes, birth injuries, and malfunctioning medical equipment are all examples of health risks that should not exist under reasonable circumstances.

If you’re not sure whether someone else’s negligence played an integral role in your or a loved one’s recent accident and injuries, consult with our attorneys to find out. We’ll listen to your side of the story, review your medical records, and learn as much as we can about your case. Then, we’ll help you determine the defendant(s) we believe are liable for your damages.

Next, we’ll file your personal injury claim against the negligent person or entity within Montana’s three-year statute of limitations. Your financial future could depend on the lawyer you choose as your representation.

Reliable Legal Resources.

The Billings personal injury attorneys at Ragain & Cook, P.C. specialize in protecting and aggressively pursuing the interests of individuals throughout Billings, Montana and surrounding areas in all types of personal injury cases including motor vehicle crashes, premises and product liability, nursing home abuse, medical malpractice, and wrongful death claims. With more than four decades of experience, Jim Ragain and Joe Cook know how to pursue fair compensation regardless of the circumstances of the incident.

Injured in an accident? Contact us today.

The key to obtaining the compensation you are legally entitled to is to enlist the aid of a Billings personal injury lawyer who is well-versed in investigating the facts, gathering critical evidence and documenting losses, whether medical or property damage, and who will truly be a strong ally in your corner.

If have been involved in a personal injury event, contact our top rated Billings personal injury law firm. You have nothing to lose and potentially thousands to gain, by way of jury verdict or settlement, when you speak to us during a free legal consultation. Get to know our competent and caring lead attorneys, hear a skilled professional’s understanding of your case and see our proven case results.

Call (406) 206-4831 or submit our online contact form, and we will get back to you as soon as possible to discuss your case.

Ragain & Cook Image

We are passionate about making sure our clients get fair and just compensation. We will not let the insurance company take advantage of you.

Reliable Legal Resources.

The Billings personal injury attorneys at Ragain & Cook, P.C. specialize in protecting and aggressively pursuing the interests of individuals throughout Billings, Montana and surrounding areas in all types of personal injury cases including motor vehicle crashes, premises and product liability, nursing home abuse, medical malpractice, and wrongful death claims. With more than four decades of experience, Jim Ragain and Joe Cook know how to pursue fair compensation regardless of the circumstances of the incident.

Injured in an accident? Contact us today.

The key to obtaining the compensation you are legally entitled to is to enlist the aid of a Billings personal injury lawyer who is well-versed in investigating the facts, gathering critical evidence and documenting losses, whether medical or property damage, and who will truly be a strong ally in your corner.

If have been involved in a personal injury event, contact our top rated Billings personal injury law firm. You have nothing to lose and potentially thousands to gain, by way of jury verdict or settlement, when you speak to us during a free legal consultation. Get to know our competent and caring lead attorneys, hear a skilled professional’s understanding of your case and see our proven case results.

Call (406) 206-4831 or submit our online contact form, and we will get back to you as soon as possible to discuss your case.

$600k

Truck Accident

Our client was severely injured on a Montana Interstate highway when a semi-tractor and trailer rear-ender her vehicle at highway speeds.  The at-fault driver was illegally operating his semi-tractor and trailer, and our timely investigation uncovered evidence that the driver was in violation of federally mandated driving time restrictions.

$1.1M

Wrongful Death

Our firm recovered a $1.1M settlement from a national transportation company for the negligence and inattentiveness of its driver who killed the wife of our client.  Because we were notified right away, we were able to place the company on notice and secure time-sensitive information.  This led to the collection of key documentation which resulted in a timely and favorable resolution.

$1M

Medical Malpractice

Our client suffered post-surgical complications which were not timely or properly addressed resulting in bilateral leg amputations. We assembled a respected team of medical and economic experts to help us advocate and prove our client’s loss. After arguing our client’s case to the Medical Legal Panel and filing suit in District Court, the case ended favorably with a seven-figure settlement.

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testimonials

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“I was able to put my life together with the help I received from Jim Ragain”

I first met Jim Ragain in July of 2010. I was stuck in a hospital bed after a bilateral BK amputation. Jim and Lynette are two people I consider a second family. They were thorough and kept me informed every step of the way. I was able to put my life back together with the help I received from Jim Ragain. I would suggest Ragain & Cook, P.C. to anyone that needs help after being injured and wants knowledgeable lawyers. Thank you Jim and Lynette I will forever be in your debt for all the help and support you gave my family.

F.M.

Joseph Cook: He's a great lawyer, honest and true, but above this he is a friend to his clients. He worked hard for me and got a settlement I never dreamed of. If you were lucky to get this man as your attorney, you would be the luckiest people that I know.

T.H.

I was in a car wreck that totaled my truck, left me injured and kept me out of work. Joe jumped on my case and began working right away. He got my medical bills paid, secured a fair payment for my truck damage, and collected a great settlement from the insurance company. When my uncle and cousin were hurt in a car wreck, I had zero hesitation recommending them to Joe.

J.S.

I had an accident in August of 2013 that left me with a severe ankle injury that required several surgeries and months of physical therapy. This injury also had me out of work for several months. I was unsure of how to even tackle the insurance companies, bills, and paper work that were happening as I was trying to recover. It was suggested I get legal representation. I called the Law offices of James Ragain and told them of my situation. They took immediate action to help me. From that point and forward Mr. Ragain and his associates took care of everything. I would get frequent updates and phone calls on my case. This was such a huge relief for me, having Mr. Ragain and his staff on my side, taking care of everything. My decision to retain an attorney insured me time to concentrate on more recovery and getting back to my everyday life.

S.D.

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Why hire a Billings personal injury lawyer?

After an accident involving expensive property damage or personal injury, insurance adjusters are quick to call victims and reach a settlement agreement. It is the insurance adjuster’s job to convince accident victims to settle for the lowest amount possible. The adjuster works for the insurance company, not for you. Do not let insurance companies take advantage of you after an accident. Instead of accepting a hasty settlement amount over the phone, contact accident attorneys at Ragain & Cook, P.C.

Free Initial Consultation

During your free initial consultation with one of our experienced personal injury attorneys, you learn about your rights and the other party’s responsibilities to you. We analyze your case and give you our professional legal opinion about what you should do moving forward. If we believe you have grounds to file a personal injury claim, our firm will handle all the paperwork on your behalf. Our team will be there for you every step of the way, contacting the defendant and negotiating settlements, if applicable. We will also take over all communications with insurance companies if desired.

Access to Important Resources

When you work with one of our accident and personal injury lawyers, you gain access to numerous legal resources and tools. Your accident lawyer will have an understanding of the federal, state, and local laws involved in your case, and he or she will know the wisest steps to take moving forward. You will not have to shuffle through the mountains of paperwork or speak to insurance companies on your own. A lawyer can help you feel safe, secure, and confident in a time when you need it.

 

"We walk our clients through every step of the way and do everything in our power to protect them from insurance companies."

meet the partners

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James M. Ragain

Partner

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Joseph P. Cook

Partner