Most people suffer financial, physical, and emotional damage after a car accident, all of which could be the result of another person’s actions or inactions. Under Montana law, the driver at fault for the accident must pay for the losses suffered by others. That may seem simple, but it is often difficult to get insurance companies to provide fair compensation in these situations.
A good starting point, then, is to know what types of damages you may be able to recover in a Montana car accident. That way, you can begin to build a strong claim outlining all of your losses. Discuss your case with a Butte car accident lawyer today.
Potential Types of Losses Recoverable in a Montana Car Accident
Under Montana’s modified comparative negligence law, a victim who is no more than 50% at fault in an accident has the right to seek compensation from the other party for the losses they incurred. There are several types of negligence you may be able to claim.
Economic Damages in a Car Accident
Economic damages include those losses that are easily identifiable because there was likely documented proof of financial loss. These are quantifiable losses. The most common include:
- Emergency medical services
- Hospital bills
- Ongoing medical care needs related to the accident
- Property damage to your vehicle or other belongings
- Missed time at work
- Ongoing cost of rehabilitation
- Other out-of-pocket related costs
- Future lost wages due to being unable to work
Non-Economic Damages in a Car Accident
Non-economic damages are more subjective in terms of value but often a critical component of your claim. Ensuring you document and properly value all of these losses is essential to protecting your right to fair recovery in an accident. Some examples include:
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Disfigurement
- Loss of consortium
Punitive Damages in a Car Accident
Under Montana law, it may be possible for the victim to receive punitive damages, though it is rare. The court awards these damages as a way to punish the actions of the at-fault party in a more notable manner. The goal is to deter this type of incident from happening again. Punitive damages may be possible in cases of serious recklessness, such as driving under the influence.
Proving Fault in a Car Accident in Montana
You must demonstrate that the other person was negligent in recovering any of these or other damages. Most of the time, a police report makes that clear, such as by noting that the other driver engaged in reckless behavior or was otherwise at fault. For example, the at-fault driver was speeding, ran a red light, and crashed into you.
To prove this, you must demonstrate with evidence what caused the accident, why it happened, and that the accident directly caused your injuries. You also must show proof of the value of your losses, making it clear what the insurance company should pay to help you become whole again after the incident occurred.
The complexities of proving fault and valuing accident losses in a car accident in Montana make it beneficial for victims to seek an attorney to guide them. Your Butte car accident attorney at Everett Cook Law will exhaust all possible opportunities to recover fair compensation for you, often pinpointing additional losses you may not have known about prior.