For more than three decades the negligence lawyers at Hoyt & Blewett PLLC have stood up for injured people in front of Montana juries and obtained substantial verdicts for damages caused by the fault of railroads, careless drivers, insurance companies, doctors, hospitals and other corporate entities. Negligence is the standard of liability which governs most Montana personal injury lawsuits, including claims involving medical malpractice, auto accidents, and wrongful death. In order to prevail in a negligence claim, an injured party must prove that the tortfeasor owed a duty to the injured party, did not act as a reasonable person would have acted under the same or similar circumstances and caused his damages.
Understanding Negligence Claims in Montana
Even if you partially caused an accident, Montana law may still allow you to bring a negligence claim. This is called comparative fault, which is a defense that is frequently invoked by corporate defendants in personal injury claims to reduce the compensation of injured people. Montana code annotated 27-1-702 allows personal injury victims to obtain compensation in cases when they are up to 50% negligent. However, your compensation will be reduced to the extent you are found liable. For instance, if you were involved in an auto accident in Montana and suffered $100,000 in total damages and the jury finds that you were 50% liable for causing the accident and find another party 50% liable for causing your injuries, you will only be entitled to collect 50% of your total damages. Insurance companies often use comparative fault as a defense to avoid paying claims, even when their insureds’ clearly caused the accident. Our firm has decades of experience handling insurance disputes and overcoming the comparative negligence defenses of insurance companies to secure full compensation for our clients.
Most personal injury verdicts and settlements are obtained against insurance companies who provide accident insurance coverage to various individuals and businesses. Insurance policies frequently exclude personal injury claims which were caused by intentional acts, such as assault and battery, which are acts that are governed by another liability standard. Our lawyers have successfully litigated countless insurance coverage disputes against insurance companies who do business in Montana. Insurance companies typically assert many defenses in personal injury cases in Montana and it is important to hire an experienced trial lawyer who has experience proving negligence cases in front of juries.
Contact a Montana Negligence Lawyer
If you or someone you know has suffered damages due to the negligence of another, it is important to contact a trial lawyer who will vigorously represent your interests against insurance companies and other corporate defendants. Contact a Montana negligence lawyer at Hoyt & Blewett PLLC for a free case evaluation.
From our office in Great Falls, our attorneys represent accident victims throughout Montana, including Bozeman, Helena, Missoula, Butte and Billings.