Questions To Ask Yourself Before Filing A Personal Injury Lawsuit In Montana
If you are going to file a personal injury lawsuit in the near future, then you want to make sure that your case is as close to bulletproof as possible. In order to ensure that, you will want to familiarize yourself with some key laws in your state. These laws can have a massive impact on your lawsuit, potentially even undermining it completely. To make sure that your case is as successful as possible, here are some key questions that you will want to ask yourself, particularly when filing in Montana:
When did the incident happen?
Your first concern should be figuring out exactly when the injury happened. The main reason for this is that you will need to make sure that you fall within the statute of limitations, which dictates the lifespan of a criminal or civil matter.
In Montana, the personal injury statute of limitations is 3 years, which fairly average when compared to other states. This provides you with a decent window of opportunity to plan out your case and gather evidence.
If you are outside that 3 year limit, then you don't need to abandon hope quite yet, since there are some exceptional circumstances that you might qualify for.
Were you a minor at the time?
If you were below legal age at the time of the accident, then you can usually get an extension for your lawsuit. In other words, the statute of limitations will be temporarily suspended until you can legally file your lawsuit. You will have 3 years to file your lawsuit from the date that you legally become an adult.
Did you discover your injuries long after the incident?
The other major exception is when the injuries weren't actually discovered until long after the accident actually happened. In these cases, you can usually file relative to the date of discovery rather than the date of the original injury.
Were you partially responsible for your injuries?
You also need to think about whether you were partially responsible for your injuries. If that's the case, then your damages will likely be reduced proportionally to your level of responsibility. If you were 1/3 responsible for your injuries, then you will only get 2/3 of the money that you are asking for.
The big curveball comes out when you are found to have more than half the responsibility. If that does happen, then your compensation will be reduced to 0. In other words, you won't get any money and your lawsuit will have been effectively wasted, at least as far as compensation is concerned. To learn more, contact a personal injury attorney.