Bozeman Personal Injury Lawyer

Personal injury cases can be devastating to an individual. The wide range of cases in the area of personal injury law means that the range of damages can be vast. While personal injury claims may sometimes get negative publicity, the reality is that the negligence of responsible parties can lead to severe injuries that are physically, emotionally, and financially costly.

If you have suffered a personal injury, the lives of you and your loved ones will likely be forever altered. At Beck, Amsden & Stalpes, our Bozeman personal injury lawyers will fight for the compensation you deserve. Whether dealing with insurance companies or opposing counsel, we will not back down until you get an offer that provides you with justice. Call us today for your free consultation.

What is a Personal Injury Claim?

Personal injury can be thought of as the area of law that is in contrast to property injury claims. Any accident that involves bodily and/or mental harm to a human being can be considered personal injury. Personal injury typically covers accidents but can also cover intentional conduct (i.e., a wrongful act).

Some commonly brought personal injury claims include:

  • Vehicle Accidents: Includes car accidents, truck accidents, motorcycle accidents, passenger vehicle accidents, and pedestrian accidents.
  • Medical Malpractice: When a healthcare professional commits any medical error or act that does not meet the standards of their field. This case should involve medical negligence or recklessness. Examples are misdiagnosis, surgery, and anesthesia errors, and childbirth malpractice.
  • Slip and Fall Accidents: One of the most common personal injury cases. This results from the negligence of a party when, for example, they do not put slippery signs on wet floors or warnings on broken railings.
  • Product Liability: When products that are being sold are defective and harm consumers. Examples are defective car parts, food poisoning, toxic chemicals, etc. Product liability cases often have large settlement amounts.
  • Dog Bite Injuries: Under Montana law, dog owners are liable for dog bite injuries even when the dog never had a background of viciousness. As long as the dog bit the victim without provocation, the victim can file damage claims.
  • Intentional Torts: These cases arise not from accidents but from intentional harm by one person to another. Examples are assault, battery, domestic violence, trespassing, invasion of privacy, defamation, fraud, and even dangerous pranks.
  • Workplace Injuries: These refer to personal injuries that happen inside the workplace. Workers can file for damages in the event that their employers neglect safety measures inside the work area.

Considerations in Personal Injury Claims

Personal injury claims often result in major financial issues for the victim and his or her loved ones. Medical bills, disabilities, loss of earning capacity, and other consequential financial losses are issues that a victim will need to sort out. Typically, a negligent party will try to issue a claim that the injury is covered under an insurance policy.

However, it is important to remember that insurance companies are for-profit companies that will try to minimize the amount that they are responsible for. Insurance companies will try to refute their fault so that they can settle out of court for a lower amount than the coverage required for the damage. Insurance adjusters may use certain tactics to provide you with the least amount of recoverable damage possible. Trying to deal with a case in court is a lengthy and costly process. The plaintiff has the burden of proving that the defendant was negligent and that the act of negligence caused an injury. The plaintiff also must prove that the injuries they incurred were caused by the defendant. Claims can be difficult to prove and the best case must be brought with a combination of a skilled attorney’s presentation and evidence to support an alleged claim.

A personal injury claim that is settled may not be the worst outcome for you. Avoiding trial can provide you with just compensation up-front and avoid the lengthy court process. However, you want to make sure that you are being provided with a fair and just amount. Typically, filing a claim will demonstrate to the other side the seriousness of your claim and begin the negotiation process of settlement.

Compensation in Personal Injury Cases

Bozeman City adheres to the types of compensation given in the state of Montana. These typically fall into three categories: economic, non-economic, and punitive damages.

Economic Damages

These damages are measurable monetary losses and are easier to tangibly prove with physical evidence. Receipts from all transactions in response to personal injury claims are often used as evidence to demonstrate the amount you are alleging and the support behind that amount. Examples of economic damages include: medical checkup bills, doctor’s fees, surgical fees, property repair fees, loss of property, lost current wages (or income lost while absent from work due to the injury), loss of future wages (income lost when a victim can no longer work for a long period of time due to the injury), and other out-of-pocket expenses like parking fees at the hospital and installation of wheelchair ramps.

Non-Economic Damages

These damages are more difficult to quantify. They are largely based on the victim’s experiences and are calculated using multipliers. Examples are emotional distress, PTSD, physical suffering, loss of consortium (when a spouse loses their partner they also lose their affection), lessened quality of life for the victim, and damage to reputation.

Punitive damages

This is different from economic and non-economic damages which are compensatory. Punitive damages are solely meant to punish a defendant for misconduct when there is malice or high-stakes negligence involved. They often are not seen in personal injury claims unless the behavior of the defendant was so bad that the court may consider allowing punitive damages to dissuade future parties from the negligent behavior. For example, when a big company intentionally fails to adhere to safe working standards which causes injuries to many of their employees, they can be punished by paying punitive damages on top of compensatory damages.

Contact our Bozeman Personal Injury Lawyers Today

A personal injury can forever alter the life of you and your loved one. No victim should ever have to be fully responsible for the havoc brought upon by a negligent party. At Beck, Amsden & Stalpes, our dedicated staff of Bozeman personal injury attorneys will not back down when it comes to the recovery of the injuries suffered by our clients. We will be there each step of the way to guide you through these difficult times. Call us today for your free consultation.