This form is a sample answer and defenses filed by the defendant in response to a complaint filed by the plaintiff.
Montana Answer - Personal Injury - Pharmaceutical - Multiple Defendants
State:
Multi-State
Control #:
US-PI-0262
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Word;
Rich Text
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FAQ
Montana negligence laws follow the doctrine of modified comparative negligence. This means that a plaintiff can't be more than 51 percent negligent or responsible for the injury, or they will be barred from recovery.
Assumption of the risk, if present, prevents a plaintiff from recovering for negligence even if the plaintiff has proven all the required elements of negligence. Comparative negligence bars all recovery to a plaintiff who is even 10 percent at fault.
Montana's time limits for filing a civil action generally range from two to three years. However, actions for collection on the value of a court judgment carry a ten-year limit.
Criminal Statute of Limitations in Montana In Montana, all misdemeanors carry a one-year statute of limitations. Felonies are more varied, with a 10-year time limit for rape or 10 years after victim reaches 18 years of age. Most other felonies carry a five-year time limit.
Joint and several liability is a legal term for a responsibility shared by two or more parties to a lawsuit. A wronged party may sue any or all of them, as well as collect the total damages awarded by a court from any or all of them. In such cases, responsibility for the total amount awarded would be shared by all.
In short, Subsection (1) of § 27-1-703, MCA provides the general rule in Montana that all defendants who contribute to an indivisible injury are ?jointly and severally? liable. Joint and several liability is premised on the theory that the defendants are in the best position to apportion damages amongst themselves.
The Montana Tort Claims Act includes several immunities, including immunity from liability for injury suffered by an inmate as a result of an officer's, agent's, or employee's negligence.
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.