Personal injury law is a branch of tort law that focuses on providing restitution and compensation to those harmed by negligent or intentional actions. If you have suffered physical or emotional injury due to another person’s wrongdoing, you can file a personal injury claim against them to recover your injury-related losses, including medical bills, lost work income, and more. There are several types of personal injury cases, but all involve one person (the plaintiff) pursuing financial compensation from another (the defendant).
Key Elements in Personal Injury Cases
In a personal injury claim based on negligence, the injured party must prove that the at-fault party is legally culpable for their injuries. According to the traditional view, there are four key elements a victim must prove to have a claim to compensation after they were injured by someone else’s negligence.
- The defendant had a duty of care to behave reasonably and minimize risk to others.
- The defendant violated their duty of care, whether through action or omission.
- The defendant’s violation caused the plaintiff’s injuries or illness.
- The plaintiff suffered harm from their injuries.
A duty of care simply means the defendant has an obligation to act prudently when performing some dangerous activity that could harm others. In most personal injury cases, the goal is to show that the defendant violated some applicable duty of care and negligently caused the victim’s injuries.
Most Common Personal Injury Case Types
Below are some of the most common types of personal injury claims we manage at our law firm.
Auto Accidents
Auto accidents are likely the most common type of personal injury claim. Accident victims can file an injury claim against negligent or reckless drivers who caused the wreck. Common examples of negligent or reckless driving behaviors include distracted driving, speeding, running stop signs, and failing to yield to right-of-way. Auto accident claims can involve passenger vehicles, commercial tractor-trailers, and motorcycles.
Slip and Fall
In Montana, property owners have a responsibility to remove dangerous hazards on their properties. If a guest slips on a tripping hazard like a wet floor or uneven floorboards, the landowner can be legally liable for their injuries. Slip and fall accidents can happen in private residences, businesses, parking lots, sidewalks, construction sites, and public property, like parks.
Medical Malpractice
Medical malpractice concerns injuries due to negligent care from doctors and other medical professionals. All medical professionals must adhere to strict standards of patient care and medical treatment. If a licensed medical professional harms a patient through substandard care, the patient can file a medical malpractice lawsuit. Examples of medical malpractice include surgical errors, missed diagnoses, and prescription mistakes.
Product Liability
Product liability claims are made when a dangerous or defective consumer product hurts someone. Common defective products that cause injury include medical devices, auto parts, electronic appliances, furniture, pharmaceuticals, and children’s products. Unlike other types of personal injury claims, manufacturers are strictly liable for injuries due to defective products. That means victims do not have to prove negligence on the manufacturer’s part to recover financial compensation, but rather that there was an error in design, production, or instructions/warnings about the product.
Dog Bites
MCA 27-1-715 establishes that dog owners are liable when their dogs bite someone. They can be required to pay for the victim’s medical bills and other bite-related injury costs. Similar to defective product claims, dog bite claims in Montana are a matter of strict liability. Dog owners are automatically liable for bite injuries, regardless of the dog’s previous behavior and whether they knew their dog was dangerous.
Construction Accidents
Construction sites have heavy machinery and construction materials that can pose a risk to workers and passersby. Negligent construction companies can be held liable if they fail to secure a construction site and someone sustains injury. Construction crews can also be liable for auto accidents if they unsafely divert traffic around their worksites.
Wrongful Death
If a person dies due to another’s wrongdoing or negligent actions, the deceased’s personal representative may be able to file a wrongful death claim. With a wrongful death claim, the deceased’s surviving heirs can recover compensation for their financial losses and emotional suffering.
Montana Personal Injury Lawyers
Regardless of the nature of your personal injury case, you need a law firm unafraid to provide aggressive legal representation. Travis & Brann, PLLP dedicates itself to pursuing justice for injury victims across a wide range of cases and can stand at your side when you need it most. Contact our offices today or call (406) 752-7550 for a free case consultation with a personal injury attorney in Montana.