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2120 S. Reserve,
Missoula, MT 59801

The journey through recovery after a personal injury in Missoula is often fraught with more than just physical pain. The legal complexities and financial uncertainties can be overwhelming.

According to the Montana Department of Labor & Industry, each year, about 16% of injured workers receive paid wage-loss benefits after a work-related accident – indicating the high risk of accidents in both professional and personal settings. Additionally, auto accidents remain a leading cause of personal injury, with Montana recording higher-than-average fatality rates compared to the national average, as per Forbes’ car accident statistics.

At Craig Swapp & Associates, we understand the profound impact an injury can have on your life and the lives of your loved ones. Our personal injury attorneys in Missoula are prepared to advocate on your behalf, striving for the most favorable outcome.

Amount of Personal Injury Settlements in Missoula 

In Montana, the amount of a personal injury settlement can vary widely based on several factors, including the type of injury, severity, and the circumstances leading to the incident. 

Generally, personal injury settlements can range from lower figures for minor injuries to much higher amounts for severe and debilitating conditions. For instance, head and brain injuries can result in settlements from $5,000 for mild concussions up to several million dollars for traumatic brain injuries, depending on the specifics of the injury and its long-term impacts.

Our accident lawyers at Craig Swapp & Associates have handled a wide range of personal injury cases, reflecting the varying nature of settlements based on injury severity and circumstances. One significant case we successfully settled involved a client who suffered severe injuries after being run over on his motorcycle. 

The client sustained multiple injuries that required extensive medical intervention and had a profound impact on their quality of life. This case reached a higher settlement figure, achieving $800,000, after a $400,000 initial insurance offer.

Montana follows a comparative negligence law, meaning that the settlement amount can be adjusted based on the injured party’s degree of fault in the incident. Individuals involved in personal injury cases must seek experienced personal injury attorneys in Missoula, MT, to go through these claims and to ensure that the settlement reflects the full extent of their losses and injuries.

Personal Injury Cases We Handle in Missoula, MT

Montana’s legal landscape offers specific protections for injury victims, and our personal injury attorneys in Missoula are well-versed in leveraging personal injury laws to your advantage. From thorough investigations to aggressive representation in court, we ensure that every client receives personalized attention and strategies tailored to their specific circumstances. 

Auto Accidents 

Like any other roads, Montana’s roadways, with their varying conditions and heavy seasonal traffic, pose a significant risk of vehicular accidents. When involved in a car, motorcycle, or truck accident in Missoula, victims face not only immediate physical injuries but often long-term financial burdens and emotional trauma. 

Under Montana’s auto accident laws, individuals harmed by another driver’s negligence have the right to pursue compensation for medical costs, lost wages, and pain and suffering. 

Car, motorcycle, and truck accidents often involve complex legal issues. Victims of such accidents may need to file lawsuits against the at-fault driver or drivers in order to recover compensation for their injuries and losses. These lawsuits can be time-consuming and expensive, and there is no guarantee of success.

Our approach involves a meticulous investigation of the accident circumstances, gathering of evidence, and strong advocacy to ensure our clients receive the maximum compensation possible. Our depth of experience as auto accident lawyers positions us uniquely to handle these complex cases with precision and dedication.

Construction Accidents 

The construction sector is fraught with hazards, from high-altitude work on scaffolding to the operation of heavy machinery. While the Montana Workers’ Compensation provides baseline coverage, it does not preclude the pursuit of further damages in instances of third-party negligence or egregious safety oversights. 

Third-party negligence can occur when a non-employer entity, such as a property owner, general contractor, or equipment manufacturer, causes or contributes to a construction accident. Egregious safety oversights, on the other hand, refer to situations where an employer knowingly and intentionally disregards safety regulations or fails to take reasonable steps to protect workers from harm. In such cases, the injured worker may be able to argue the employer’s willful misconduct.

Pursuing legal action outside of workers’ compensation can be a complex and challenging process. It is essential for construction workers to seek the advice of an experienced construction accident lawyer. Our legal team specializes in complex construction accident claims, undertaking a thorough review of all aspects of the incident to identify all potential liability avenues. 

Dog Bites 

The responsibility for a dog bite in Missoula often hinges on the owner’s knowledge of the animal’s aggressive tendencies. Montana’s strict liability rule plays a crucial role in determining liability in dog bite cases.

Victims of dog bites often face significant recovery challenges. Physical injuries from dog bites can range from puncture wounds and lacerations to more severe injuries such as broken bones, nerve damage, and facial disfigurement. 

In some cases, victims may require extensive medical treatment, including surgeries, antibiotics, and physical therapy. The emotional impact of a dog bite can also be significant, leading to feelings of fear, anxiety, and post-traumatic stress disorder (PTSD).

Our dog bite accident lawyers assist clients in these situations by collecting detailed evidence, including medical records and witness accounts, and by establishing owner liability under the stipulated statutes. This thorough documentation helps in presenting a robust case for obtaining rightful compensation for the injuries and trauma suffered.

Medical Malpractice 

Medical professionals in Missoula are expected to adhere to established standards of care. Deviations from these standards that result in patient harm constitute medical malpractice. Montana’s medical malpractice law mandates that claims be initiated within two years from the injury’s occurrence or its discovery. 

Our role as medical malpractice lawyers involves an exhaustive examination of all medical interactions and outcomes, consulting with medical experts, and crafting a case that clearly demonstrates the deviation from standard care and its direct impact on the patient. This meticulous process ensures that our clients can achieve justice and compensation for the malpractice endured.

Slip and Falls 

Property owners in Montana must maintain safe environments for visitors and tenants. Failures in this duty can lead to slip and fall accidents, particularly in icy, wet, or poorly maintained conditions. These accidents fall under the ambit of premises liability, which holds property owners accountable for accidents arising from neglected safety measures. 

Our slip and fall lawyers assist victims in documenting the conditions that led to their accidents, collecting evidence from the scene, and obtaining witness testimonies. This approach aims to prove negligence and secure appropriate reparations for the victim’s injuries and associated losses.

Wrongful Death 

The unexpected loss of a loved one is an immense tragedy, compounded when it results from negligence. Under Montana’s wrongful death law, eligible family members can seek damages for the emotional and financial void left by the deceased. 

Our wrongful death attorneys provide sensitive but assertive legal representation, ensuring that survivors receive compensation for funeral expenses, lost future earnings, and non-economic damages like loss of companionship and emotional distress.

Product Liability 

Defective products in Missoula can cause serious injuries or even death. Whether due to design flaws, manufacturing errors, or inadequate warning – Montana’s legal framework holds manufacturers accountable for injuries caused by defective products. Our product liability attorneys rigorously investigate such cases, engaging with engineering experts, and analyzing the product failures to establish a clear chain of responsibility, aiming to secure compensation for the harm caused to our clients.

In each of these categories, our personal injury attorneys in Missoula leverage extensive legal knowledge and resources to advocate effectively for our clients in Montana, ensuring that they receive the justice and compensation they rightfully deserve.

Caps on Personal Injury Damages in Missoula

The approach to personal injury damages in Montana, including Missoula, involves certain restrictions or caps, particularly in medical malpractice cases. These caps are designed to limit the amount of non-economic damages, such as pain and suffering, that a plaintiff can recover. 

Typically, Montana legislates these caps to help manage costs and ensure that damage awards are proportionate to the actual injuries sustained.

  • Non-Economic Damages: There is a cap on non-economic damages in medical malpractice cases. These non-economic damages typically cover pain and suffering, which do not have a direct financial cost but significantly impact the quality of life.
  • Punitive Damages: Montana may also impose limits on punitive damages, which are awarded in cases of egregious wrongdoing to punish the defendant and deter similar behavior.

These limitations are part of Montana’s efforts to balance the needs of plaintiffs seeking compensation for injuries against broader economic impacts on insurance and healthcare providers. For a more specific and detailed look at Montana’s legislation regarding personal injury damage caps, it would be best to consult our personal injury attorney in Montana.

Let Our Personal Injury Attorneys in Missoula, MT, Help You

Let our seasoned accident lawyers at Craig Swapp & Associates help you through this challenging time. By choosing us, you are not just hiring attorneys in Missoula; you are securing a team dedicated to getting your life back on track. Remember, “One Call, That’s All” – trust our experience and resources to guide you through this difficult time. 

Contact us today at 406-642-0192 or fill out our online contact form and have your free consultation scheduled.