Butte Car Accident Attorney
In the state of Montana, there are nearly 450,000 registered vehicles and a total of almost 800,000 licensed drivers. With the number of drivers on the road and the dangerous road conditions that can occur in Montana, car accidents are unfortunately a common occurrence.
The Butte car accident attorneys at Heenan & Cook, PLLC have experience handling car accident cases involving minor injury, more serious injuries, and fatalities. If you or a loved one has been injured in a car accident in the Butte area due to the negligence or misconduct of another driver, the Butte car accident lawyers of Heenan & Cook, PLLC are ready to offer you representation. We will fight to secure you just compensation for your injuries. Contact the firm for a free consultation to discuss the facts of your case.
Why Hire Heenan & Cook, PLLC for Your Butte Car Accident Claim
Suffering injuries from a car accident is a traumatic experience and seeking help from a qualified and experienced Butte car accident lawyer may be imperative.
The attorneys at Heenan & Cook, PLLC will help our clients understand the challenges in a personal injury case and we will ensure you know and understand your rights. We have decades of experience and have an established presence as a long-standing Billing-area law firm. Our car accident lawyers handle complex personal injury cases and general litigation matters.
We work with our clients to get them the results they desire and are ready to deploy all litigation and negotiation strategies.
Why You Need a Butte Car Accident Attorney
An experienced car accident attorney will investigate the circumstance of the accident, obtain all vital documentation, and properly identify all liable parties. A detailed investigation into the accident will help obtain just compensation and reduce contributory negligence.
Additionally, a car accident lawyer will have a complete understanding of all laws surrounding your case. A personal injury case can seem straightforward, but once the parties begin arguing over fault or an unwilling insurance company, things can become more complex.
What Damages Can Car Accident Victims in Butte, MT Recover?
Car accident victims in Butte, MT should be able to recover a wide variety of types of compensation, but this will all be dependent on various factors related to each incident. For example, the severity of the injuries, whether or not there was any shared fault, the level of property damage, and the length of the recovery time will all play a factor in total compensation amounts.
Our lawyers work diligently to recover both economic and non-economic losses for Butte car accident victims. This includes, but is not limited to, the following:
- Economic damages revolve around calculable expenses that can be totaled by using receipts, bills, and various other proof of loss, and can include:
- Emergency medical bills
- Physical therapy
- Medical devices
- Lost income
- Out-of-pocket expenses
- Property damage expenses
- Non-economic losses revolve around more immeasurable expenses that car accident victims are likely to endure, costs that may not necessarily be readily available through gathered bills or receipts:
- Physical pain and suffering damages
- Emotional and psychological pain and suffering
- Loss of quality of life damages
- Loss of consortium for spouses or family members
In some cases, punitive damages may be available to car accident victims in Butte. These types of damages are reserved for situations where the incident and injuries were caused by the gross negligence or intentional actions of other parties. Punitive damages are not awarded in the majority of cases, but when they are, the total amount will be left to a jury to decide.
Can Multiple Parties Be Held Responsible for Damages?
Yes, there could be multiple parties held responsible for an incident, which means various parties could be responsible for paying damages. The state of Montana operates under a “modified comparative negligence” system. This means a few things. First, any individual can recover compensation for their injuries so long as they are not more than 50% to blame for the incident. Any person more than 50% responsible for their injuries will not be able to recover compensation for their losses.
Any person 50% or less responsible for their injuries will see their compensation reduced in an amount commensurate to their percentage of fault. For example, if a person sustains $100,000 worth of damages, but a jury finds that they were 30% responsible for the incident, they would only receive $70,000 instead of the complete $100,000.
Comparative negligence will also look at situations where two or more parties were at fault for injuries. In these cases, there may be multiple parties paying compensation to one injury victim.
If you or a loved one are facing allegations of shared fault by an insurance carrier or at-fault party, it is important to work with a skilled lawyer who has experience pushing back against these claims. The more the other party is able to shift blame towards you, the less compensation you will receive. Your lawyer will fight back against these allegations and work to recover maximum compensation on your behalf.
What Is Liability Insurance in Montana?
You are driving down the road and roll your car, causing serious injury to your spouse or children. It’s a one car collision and there is no one else to blame but yourself. Under those circumstances, you might think there is no insurance coverage available to pay for your family’s medical bills. Not so.
In Montana, liability coverage is triggered when ever the policyholder is injured through the fault of someone else. There is no exception for family members.
Even though this coverage is available in Montana, the insurance company may attempt to shame the insured from bringing a claim, insinuating “you wouldn’t want to sue your family member for this accident, would you?” That’s simply not the case. Almost never is a car accident lawsuit prosecuted against the assets of the responsible party. Rather, the claim against the insurance proceeds.
If you were a passenger in a Butte motor vehicle accident and were injured, it’s OK to make a claim against your family member’s liability insurance policy and be compensated for your injuries.
The Butte car accident lawyers at Heenan & Cook are experienced at recovering for family members under Montana auto insurance policies. Almost never does making a claim under these circumstances require suing a loved one.
Car Accident Claims in Montana
It is important to know whether or not you are driving in a fault or no-fault state. Montana is a fault jurisdiction, which means you must prove that someone else was responsible for your injuries and they cannot find that you are responsible for 51 percent or more of your injuries. The rule of 51 percent is often known as the modified comparative negligence law.
Montana also has restrictions on when you can file a lawsuit and how much you can recover. According to Montana Code, there is a statute of limitations of 3 years for personal injuries and 2 years for property damages suits. Also, punitive damages are limited to the lesser of $10 million or 3 percent of the defendant’s net worth.
Contact our Butte Car Accident Lawyers
At Heenan & Cook, PLLC our accident lawyers understand how impactful and life-altering auto accidents and the injuries caused can have on a victim. Our goal is to recover damages for injured victims to help offset the pain and suffering caused.
For a free consultation to discuss the specifics of your case call our law firm at (406) 272-3083 or contact us via our online contact form. Our attorneys offer free consultations and only collect damages if the victim is awarded damages.