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Personal Injury

When someone's negligence changes your life, you deserve an attorney who will fight to make it right.

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Montana Personal Injury Law — What You Need to Know

A personal injury claim arises whenever you are hurt because of someone else's careless, reckless, or intentional conduct. Under Montana law, you have the right to pursue full compensation for every loss that injury causes — medical bills, lost wages, property damage, and the physical pain and emotional suffering that no dollar amount can fully capture.

Montana follows a modified comparative fault rule (Mont. Code Ann. § 27-1-702). This means you can recover even if you were partially at fault for your accident — as long as you were not more than 50% responsible. Your recovery is reduced by your percentage of fault. Insurance adjusters know this rule and routinely try to pin as much blame on injured victims as possible to minimize their payout. Our job is to hold them accountable to the facts.

Montana's general personal injury statute of limitations is three years from the date of injury (Mont. Code Ann. § 27-2-204). Miss that deadline and your right to sue is permanently barred, regardless of how serious your injuries are. Some cases — particularly those involving government entities — have notice requirements as short as six months. If you've been injured, don't wait.

What Compensation Can You Recover?

Economic Damages
  • ✓ All past and future medical expenses
  • ✓ Lost wages and income
  • ✓ Lost future earning capacity
  • ✓ Property damage and repair costs
  • ✓ In-home care and assistance
  • ✓ Transportation to medical appointments
Non-Economic Damages
  • ✓ Physical pain and suffering
  • ✓ Emotional distress and anxiety
  • ✓ Loss of enjoyment of life
  • ✓ Disfigurement or permanent scarring
  • ✓ Loss of consortium (impact on marriage)
  • ✓ PTSD and psychological harm

Types of Personal Injury Cases We Handle

Slip and Fall / Premises Liability
Icy parking lots, wet floors, broken stairs, defective property conditions
Dog Bites and Animal Attacks
Montana follows strict liability for dog owners — no "first bite" free pass
Medical Malpractice
Surgical errors, misdiagnosis, medication errors, failure to diagnose cancer
Product Liability
Defective vehicles, dangerous equipment, faulty consumer products
Workplace Injuries
Third-party liability claims beyond workers' comp; construction accidents
Catastrophic Injuries
Traumatic brain injury, spinal cord injury, amputation, severe burns

Why Insurance Companies Fear Our Firm

James Caldwell spent six years as an insurance defense attorney before switching sides. He knows the exact playbook insurers use — the delay tactics, the lowball offers timed around financial pressure, the independent medical exams designed to minimize your injuries. We counter each tactic before it's deployed, because we've deployed them ourselves.

Our track record speaks plainly. We have recovered more than $50 million for Montana injury victims. We have tried over 40 cases to verdict. When insurers see our name on a demand letter, they know we are prepared to go the full distance — and that knowledge alone changes how they treat our clients.

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Key Montana Law
Statute of Limitations
3 years from injury date (Mont. Code § 27-2-204)
Comparative Fault
You can recover if you are ≤50% at fault (Mont. Code § 27-1-702)
Dog Bite Liability
Strict liability — owner liable even without prior bite history
Related Practice Areas

Recent Personal Injury Results

Not every case is the same. These are examples of what's possible when the facts support it.

$1,750,000
Spinal Cord Injury
Client suffered permanent nerve damage after a scaffolding collapse at a Missoula construction site. Third-party general contractor disputed liability. Our reconstruction expert established OSHA violations and inadequate safety inspection. Initial offer: $42,000.
$650,000
Slip and Fall
Client suffered TBI and two fractured vertebrae after slipping on a black ice walkway at a Whitefish resort. Property management company disputed whether they had notice. Maintenance logs we obtained proved they had been aware of the hazard for 11 days.
$350,000
Dog Bite Injury
Postal worker attacked by unsecured dog on a Hamilton route. Bite severed a tendon in the client's dominant hand requiring surgery and six months of occupational therapy. Homeowner's insurer initially offered $28,000. We documented permanent functional limitations and secured a full settlement.
View All Case Results

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We evaluate every case at no charge. If we take it, you pay nothing until we win. Call now or complete our quick intake form — an attorney will review your situation today.

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Max — Legal Assistant
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