Negligence occurs when one person or business fails to provide the expected level of safety or protection from a risk. If you believe that someone else caused injuries to you, hiring a personal injury attorney in Montana to determine if negligence applies is critical. That includes as it relates to comparative negligence laws in Montana. These laws define what occurs if you hold partial blame for the incident and a Montana personal injury lawyer can explain them further.
Montana Negligence Laws Explained
Montana negligence laws follow the concept of modified comparative negligence. This means that the plaintiff, or person who suffered the injury, cannot be 51% or more responsible for the injury to file a claim. If it is found you are 51% responsible or higher, you cannot recover any compensation for the incident.
In situations where you are found to be under 50% responsible, you can file a claim. However, the claim is reduced specifically by the percentage of fault you hold in that incident. This falls under § 27-1-702 of the Montana Code.
Here is an example. You are involved in a car accident with another driver. The other driver is found to be 80% responsible for the accident because they were intoxicated at the time it occurred. However, you maintain 20% of the fault because you were texting while you were driving. In this situation, you have the right to pursue legal action against those responsible. However, your compensation is reduced by 20% as a result of comparative negligence laws.
What to Do If You Are Partially Responsible for Injuries
Noting the importance of comparative negligence laws in Montana, it is critical to work with an attorney who can guide you throughout the legal process. There are several steps you can expect.
The first is to disprove your responsibility. Depending on the evidence and the details in your case, it may be possible to prove you did not or could not have been at any level of fault in the case. Evidence can prove this to be applicable. Our attorneys will work to use witness statements, driving records, or other data to substantiate this.
If it is not possible to prove that you were not responsible to some degree, your attorney will help you prove that you did not hold more than 51% of the fault in the case. Again, this means finding evidence to support the claim and building a strong, highly effective defense strategy. The objective is to reduce the percentage of fault you have.
Also important is making sure you are filing a claim that includes all of the potential losses you have. For example, it is critical to document all losses you have so that you maximize your ability to recover damages. This can be complex. Working with an attorney is critical in those situations.
Avoid Trying to File a Claim on Your Own
The complexity of a comparative negligence case makes it critical to hire an attorney to defend you and protect your right to compensation. Insurance companies will use comparative negligence laws in Montana to reduce what they pay. Call Everett Cook Law today to schedule a free consultation.