If you or a loved one has been hurt in an accident in Montana, you may have questions about what to do next. From car crashes on I-90 to injuries on private property, it’s important to understand your legal rights and what resources are available to help you recover. This FAQ page provides answers to some of the most common concerns that arise after an accident in Montana.

How long do I have to file a personal injury lawsuit in Montana?

Montana law generally gives you three years from the date of your injury to file a personal injury lawsuit. This deadline is known as the statute of limitations. If you wait too long, the court may dismiss your case entirely. It’s important to speak with a lawyer early to preserve your right to compensation.

What should I do right after an accident?

If you’re involved in an accident, your first priority should be your safety and health. Call emergency services, seek medical care, and report the incident to the appropriate authorities. If you can, take photos and collect witness information. Notify your insurance company soon after and consider contacting a lawyer for advice.

Is Montana an at-fault state for car accidents?

Yes, Montana is an at-fault state. This means the person who caused the accident is financially responsible for the damages. You can file a claim against their insurance, file a lawsuit, or use your own insurance depending on the situation. Proving fault is an essential part of the claims process.

What types of compensation can I recover after an injury?

You may be entitled to compensation for medical expenses, lost wages, pain and suffering, property damage, and future care costs. In cases involving serious or permanent injuries, you might also recover damages for long-term disability or loss of earning capacity. A personal injury attorney can help estimate the value of your case.

Can I still recover damages if I was partially at fault?

Yes. Montana follows a modified comparative fault rule. As long as you are less than 51 percent at fault, you can still recover damages. However, your compensation will be reduced based on your percentage of fault.

How do I get a copy of a police report in Montana?

You can request a police report from the law enforcement agency that responded to your accident. If the Montana Highway Patrol handled the scene, visit https://dojmt.gov for information on how to obtain your report. You may need to provide the date, location, and names of the parties involved.

What should I know about slip-and-fall accidents in Montana?

Property owners have a legal responsibility to keep their premises reasonably safe. If you fall because of a hazard like an icy sidewalk or a broken step, you may have a valid premises liability claim. You’ll need to show that the property owner knew or should have known about the danger and failed to fix it.

Who can file a wrongful death claim in Montana?

A wrongful death claim in Montana can be filed by the personal representative of the deceased person’s estate. Family members such as spouses, children, and parents may benefit from the compensation awarded. These claims must usually be filed within three years of the person’s death.

What resources are available for accident victims in Montana?

Montana residents may be eligible for Medicaid, SNAP benefits, or temporary assistance while recovering from an injury. If the accident was a result of a crime, you may also apply for support through the Crime Victim Compensation Program. These services can help with medical bills, counseling, and basic living expenses.

Can I sue a government agency for causing my injury?

You can file a claim against a city, county, or state agency in Montana, but special rules apply. You must submit a written notice of claim within 180 days of the injury. There are also caps on the amount of damages you can recover. These cases require careful handling and legal knowledge.

What if I was injured in a rural area far from a hospital?

Montana’s wide rural areas can complicate emergency response and access to care. It’s important to seek medical attention as soon as possible, even if it means traveling to a larger facility. Save all your medical records and travel-related expenses, as they may be included in your injury claim.

Are there special rules for truck accidents?

Yes. Trucking companies and drivers must follow state and federal safety regulations. If you were injured in a crash involving a semi-truck, your case may involve multiple parties such as the driver, employer, or even the vehicle manufacturer. These cases often require thorough investigation and expert witnesses.

Do I need a lawyer for a minor injury?

You’re not required to hire a lawyer, but it can be helpful even in smaller cases. Insurance companies may offer low settlements or delay processing your claim. A personal injury attorney can make sure your rights are protected and that you get a fair result. Most offer free consultations.

Can children file personal injury claims?

Yes, but the claim must be brought by a parent or legal guardian. The statute of limitations may be extended for minors, giving them additional time to file once they turn 18. However, starting the process early ensures better evidence and results. A lawyer can guide you through the process on your child’s behalf.