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Montana statute of limitations law When filing a personal injury claim in Montana, tort law states that you must bring the case within 3 years of your injury. That time limit accounts for most injuries, but there are some exceptions which actually have shorter time limits.
Investigation Many times this investigation will consist of: Visiting the scene of the accident to take pictures. Obtaining any accident or incident reports regarding the event that forms the basis of your claim. Identifying all possible parties at fault and setting up claims with their insurance carriers.
The law presumes that a person intends the consequences of his or her voluntary acts, and we have reasoned that a malicious intent to vex, annoy, or injure may be presumed where a prosecution is motivated by "some collateral or private purpose and not to vindicate the law."
However the typical personal injury case can take from a few months to a couple of years. Indeed, the timeline of your claim will depend on many different factors, some of which are within the control of you and your lawyer, and others that are largely within the control of the insurance company.
6 Tips for Preparing for a Personal Injury Lawsuit Tip #1: Speak to a Lawyer Immediately. ... Tip #2: Head to Your Doctor for Evaluation and Treatment. ... Tip #3: Collect All Evidence. ... Tip #4: Do Not Talk About Your Injuries or Case on Social Media. ... Tip #5: Know When to Take a Settlement. ... Tip #6: Stay in Touch with Your Attorney.
Your claim moves through the stages set by the Ministry of Justice. The other side may accept or deny liability. Your solicitor talks with the other side and negotiates on your behalf. If they can't reach an agreement or the other side denies liability, the personal injury claim may go to a hearing at court.
You Can File a Claim Even If Your Injuries Are Minor You'll also want to consider the strength of your case. If it's unclear who was at fault, you will have a harder time getting compensation. On the other hand, if you have a lot of damages, pursuing a claim is probably worth it.