When you've been injured by someone else's carelessness, it's important to take some steps to help make sure your claim is settled fairly and quickly:

• Write down everything you remember about the accident or injury, such when and where it happened; the names, addresses and phone numbers of witnesses, police officers and insurance company representatives (or company or workers' compensation representatives if it was a work-related injury)
• Talk to a Montana personal injury lawyer before making any statements, written or verbal, to insurance company adjusters or representatives
• Let anyone you think may be responsible for the injury know right away that you intend to file a claim against them
• Gather and keep evidence, such as photographs of your car, and the accident or injury scene; clothing; damaged personal belongings; etc.

How Do I Figure Out Who Is at Fault?

In most cases, you must prove the person who caused the injury was negligent. That is, he didn't use reasonable care. In Montana, you must prove:

• The person who caused your injury owed you a duty
• The other person broke or breached that duty
• You suffered damages
• The other person's failure caused your injury

Under Montana's comparative negligence law, if your carelessness or negligence helped cause your injury, your damages may be limited. If you were 51 percent or more at fault for your injury, you can't recover any damages at all. You may recover if you were 50 percent or less at fault. But, but your damages are reduced by your percentage of fault.

If more than one person caused your injury, each person must pay a portion of your damages. The portions are set by their percentages of fault. Also, Montana's joint and several liability rules affect who must pay your damages:

• Any person who's 51 percent or more at fault for your injury is responsible for all of your damages. This means one person may be made to pay everything you're owed. If he pays more than his portion, though, he has the right to sue the others for repayment. This is called contribution
• Anyone who's less than 51 percent at fault is only required to pay his portion of your damages

If you've been injured by a consumer product, the manufacturer or seller of the product may be responsible under strict liability law. Generally, it makes some people liable for damages caused by their products, regardless of their fault. Under Montana law, you would need to prove:

• The product was defective, or there was a failure to warn, making it unreasonably unsafe to use
• You used the product the way it was supposed to be used
• The defect caused your injury
• You suffered damages

What Is My Claim Worth?

Under Montana law, the person who injured you is responsible for:

• Past, current and future estimated medical expenses
• Time lost from work, including time spent going to medical appointments or therapy
• Any property damage, such as damage to your car
• The cost of hiring someone to do household chores when you couldn't do them
• Any permanent disfigurement or disability
• Your emotional distress, including anxiety, depression and any interference with your family relationships
• A change in your future earning ability due to the injury
• Any other costs that are a direct result of your injury

In Montana, there's a $250,000 cap on damages for pain and suffering and other noneconomic damages in medical malpractice cases. There's no cap on economic damages, like lost wages and medical expenses, in any personal injury case.

In some cases you may need an expert to explain your injuries and why you're entitled to certain damages. This is very common in medical malpractice cases. A lawyer will know what type of expert witness to hire to best prove your damages.

How Long Do I Have to File a Legal Claim?

In most Montana personal injury cases, you only have three years to file a lawsuit against the person who injured you. If your lawyer can't reach an agreement with any involved insurance companies or defendants, you definitely want to file a lawsuit before the three-year statute of limitations runs out.

Questions for Your Attorney

• Can I still file a lawsuit if I accepted a settlement offer from the other person's insurance company before I contacted you?
• The insurance company seems to be taking me and my injuries seriously. Why do I need to hire a lawyer?
• Is the other person's insurance company entitled to look at my medical records without my permission? Should I let it have access to my records?

Related Resources on Lawyers.com^sm

- Contact a Personal Injury Law Lawyer in your area for specific legal advice, and read Personal Injury: Selecting a Good Lawyer
- Need a form? Access hundreds of Personal Legal Forms, including a Medical Records Request
- Read Businesses May Be Protected from Injury Lawsuits and FAQ: Suing after Injury, or access more Personal Injury Law articles and information
- Legal Dictionary
- Visit the Legal Forums for discussions on Personal Injury Law topics