When a catastrophic injury occurs, your life changes in an instant. At Travis & Brann, PLLP, we understand the profound impact these injuries have on you and your family. Our Kalispell catastrophic injury attorneys have devoted their careers to helping victims recover compensation. We bring experience, compassion, and strong representation to every case.
If you or a loved one has suffered a catastrophic injury due to someone else’s negligence, contact us today at (406) 752-7550 or fill out our online form for a free initial consultation. We work on a contingency fee basis. You pay nothing unless we win your case.
What Constitutes a Catastrophic Injury?
A catastrophic injury is far more severe than a typical personal injury. These injuries cause permanent, life-altering damage. They fundamentally change how a person lives, works, and interacts with the world. Catastrophic injuries typically result in permanent disability, chronic pain, ongoing medical treatment, and the inability to return to work.
The defining characteristic of a catastrophic injury is its permanence. Unlike injuries that heal with time and treatment, catastrophic injuries create lasting consequences. They require lifelong care, adaptation, and support. Victims often face extensive hospitalization, rehabilitation, multiple surgeries, and continuous medical management. Beyond the physical damage, catastrophic injuries frequently result in psychological trauma, depression, and anxiety.
Montana law recognizes the severity of these injuries when calculating damages. Courts understand that catastrophic injury victims face immediate medical expenses. They also face decades of future care costs, lost earning potential, and diminished quality of life. This recognition allows our attorneys to pursue substantial compensation. We work to reflect the true scope of your damages. According to the American Bar Association, catastrophic injury cases require specialized knowledge of lifetime care planning and vocational rehabilitation.
Common types of catastrophic injuries include:
- Traumatic brain injuries (TBI) and closed head injuries
- Spinal cord injuries resulting in partial or complete paralysis
- Severe burn injuries covering large portions of the body
- Organ damage or organ failure
- Amputation of limbs or digits
- Severe facial disfigurement
- Loss of vision or hearing
- Severe crush injuries
If you’ve suffered a traumatic brain injury or spinal cord damage, our attorneys have extensive experience handling these complex cases.
Common Causes of Catastrophic Injuries in Kalispell
Catastrophic injuries in the Kalispell area result from various accidents and incidents. Understanding the common causes helps identify situations where negligence may have played a role. Many catastrophic injuries could be prevented. This happens when property owners, employers, drivers, and manufacturers exercise reasonable care.
Motor vehicle accidents represent one of the leading causes of catastrophic injuries in Montana. High-speed collisions, truck accidents, and motorcycle crashes frequently result in traumatic brain injuries and spinal cord damage. Kalispell’s location near major highways means residents face significant exposure to serious traffic accidents. Workplace accidents also cause catastrophic injuries. This is particularly true in Montana’s construction, logging, and manufacturing industries. Falls from heights, machinery entanglement, and equipment failures can cause permanent disability in seconds.
Medical malpractice represents another significant source of catastrophic injuries. Surgical errors, misdiagnosis, medication mistakes, and failure to diagnose serious conditions can result in permanent harm. Premises liability accidents—including falls on poorly maintained property, inadequate security leading to assault, or exposure to hazardous conditions—cause catastrophic injuries. This happens when property owners fail to maintain safe environments. Product defects in vehicles, machinery, or consumer products can also cause catastrophic harm. This occurs when manufacturers fail to warn users or design products safely.
Common causes of catastrophic injuries include:
- Motor vehicle accidents and truck collisions
- Workplace accidents and equipment failures
- Medical malpractice and surgical errors
- Premises liability and slip-and-fall accidents
- Assault and violent crimes
- Product defects and manufacturing failures
- Drowning and water-related accidents
- Fires and burn injuries
If your catastrophic injury resulted from a truck accident, workplace injury, or premises liability incident, Travis & Brann, PLLP has the expertise to handle your case. We represent clients throughout the Flathead Valley and surrounding Montana communities.
Damages You Can Recover in a Catastrophic Injury Claim
Catastrophic injury victims face extraordinary financial and personal losses. Montana law allows recovery for both economic damages and non-economic damages. Economic damages are measurable financial losses. Non-economic damages compensate for pain, suffering, and life changes. Understanding the full scope of available damages helps ensure you pursue adequate compensation.
Economic damages include all quantifiable financial losses resulting from your injury. Medical expenses represent the largest component for catastrophic injury victims. These include emergency care, hospitalization, surgeries, rehabilitation, ongoing medical treatment, medications, medical equipment, home modifications, and future medical care. For catastrophic injuries, lifetime medical costs often reach hundreds of thousands or millions of dollars. Lost wages and lost earning capacity compensate you for income lost during recovery. They also compensate for the permanent inability to work or earn at your previous level. For many catastrophic injury victims, this represents decades of lost income.
Non-economic damages compensate for the non-financial impacts of your injury. Pain and suffering damages recognize the physical pain, discomfort, and suffering you endure. Loss of enjoyment of life compensates for your inability to participate in activities you previously enjoyed. These include sports, hobbies, social activities, and family events. Disfigurement damages address permanent scarring or visible injury effects. Loss of consortium damages compensate your spouse for the loss of companionship, intimacy, and support. In cases involving permanent disability, these non-economic damages often exceed economic damages.
Recoverable damages in catastrophic injury claims include:
- Past and future medical expenses and rehabilitation costs
- Lost wages and lost earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Disfigurement and scarring
- Loss of consortium (spouse’s loss of companionship)
- Home and vehicle modifications
- Assistive devices and equipment
- In-home care and personal assistance costs
Our attorneys understand how to maximize your compensation. Learn more about how a personal injury lawyer can maximize your compensation.
Why Choose Travis & Brann, PLLP for Your Catastrophic Injury Case?
When you suffer a catastrophic injury, you need an attorney who understands both the legal issues and the human impact. Travis & Brann, PLLP brings decades of experience handling catastrophic injury cases throughout Montana. Our Kalispell office serves the Flathead Valley and surrounding communities. We provide dedicated representation for injury victims.
We approach each catastrophic injury case with the resources and commitment it deserves, and our attorneys conduct thorough investigations while retaining qualified medical and economic experts. In doing so, we build comprehensive cases that document the full extent of your damages. Moreover, catastrophic injury cases require more than standard personal injury representation; they demand knowledge of lifetime care planning, vocational rehabilitation, and long-term damage calculation.
Our contingency fee model means you pay nothing upfront, and you pay nothing unless we recover compensation for you. Because we absorb the costs of investigation, expert witnesses, and litigation, you can focus on recovery rather than legal fees. In this structure, our interests align with yours — we succeed only when you receive fair compensation.
Our approach includes:
- Thorough investigation and evidence preservation
- Retention of medical, economic, and vocational experts
- Comprehensive damage calculation, including lifetime care costs
- Strong negotiation with insurance companies and defendants
- Trial experience when settlement negotiations fail
- Compassionate client communication throughout the process
- Free initial consultation to evaluate your case
Meet our experienced team. Aaron J. Brann and our attorneys have successfully represented catastrophic injury victims throughout Montana. Our Kalispell office is conveniently located to serve the Flathead Valley.
How We Handle Catastrophic Injury Cases
Our process for handling catastrophic injury cases reflects our commitment to thorough representation and client communication. From your initial consultation through final resolution, we guide you through each step. You focus on recovery.
We begin with a comprehensive case evaluation, starting with a free initial consultation where we listen to your story. During this stage, we review medical records and accident reports, assess the strength of your claim, and explain your legal rights, the compensation process, and what to expect moving forward. Once we accept your case, our team immediately begins an investigation and evidence preservation.
Our investigation phase involves gathering police reports, medical records, witness statements, and physical evidence from the accident scene. For catastrophic injuries, we retain qualified experts. These include medical doctors, economists, life care planners, and vocational rehabilitation specialists. They document your injuries and project future medical needs. They calculate lifetime care costs. These experts provide crucial testimony supporting your damage claims.
We then pursue settlement negotiations with the at-fault party’s insurance company. Our attorneys present a comprehensive demand package. It documents your injuries, damages, and the strength of your liability case. Many catastrophic injury cases settle during this phase. Insurance companies recognize the strength of our evidence and the magnitude of your damages. However, we prepare every case for trial. We know that some cases require a jury to determine fair compensation.
If litigation becomes necessary, we represent you through discovery, depositions, and trial. Our trial experience in catastrophic injury cases means we effectively present complex medical and economic evidence to juries. We advocate for your rights while maintaining the professionalism and credibility that judges and juries respect.
Throughout this process, we maintain regular communication with you. We explain developments, answer questions, and ensure you understand your options at each stage. Your recovery and well-being remain our priority.
Frequently Asked Questions About Catastrophic Injuries
How long do I have to file a catastrophic injury claim in Montana?
Montana law establishes a statute of limitations—a deadline for filing lawsuits. For personal injury claims, including catastrophic injuries, you generally have three years from the date of injury to file a lawsuit. However, this deadline can vary depending on circumstances. For example, if the injury wasn’t immediately apparent, the clock may start when you discovered the injury. If the defendant left Montana, the statute of limitations may be extended. Don’t delay in contacting an attorney. Evidence can disappear, and witnesses’ memories fade. We recommend consulting with a catastrophic injury lawyer as soon as possible after your injury.
What is the average settlement for a catastrophic injury case?
There is no “average” settlement for catastrophic injury cases because each case is unique. Settlement amounts depend on the severity of your injury, your age and earning capacity, the strength of liability evidence, the defendant’s insurance coverage, and other factors. Catastrophic injury settlements range from hundreds of thousands to millions of dollars. A 25-year-old who suffered a spinal cord injury preventing future work may recover more than a 65-year-old with the same injury. This is due to longer life expectancy and lost earning years. We evaluate your specific circumstances to estimate a reasonable settlement range. Read about what happens after a personal injury settlement offer in Montana.
Will my case go to trial?
Many catastrophic injury cases settle before trial, but not all. If the insurance company refuses to offer fair compensation or disputes liability, we prepare your case for trial. Our attorneys have extensive trial experience and are prepared to present your case to a jury. We make strategic decisions about settlement versus trial based on the strength of evidence, insurance coverage, and your preferences. We never pressure you to accept an inadequate settlement. We always give you the final decision on whether to settle or proceed to trial.
How much does it cost to hire a catastrophic injury lawyer?
Travis & Brann, PLLP works on a contingency fee basis for catastrophic injury cases. This means you pay no attorney fees upfront. You pay no fees unless we recover compensation for you. When we win your case through settlement or trial verdict, we receive a percentage of your recovery as our fee. This arrangement allows injury victims to access quality legal representation regardless of their financial situation. We also advance the costs of investigation, expert witnesses, and litigation. These costs come from your settlement or verdict.
Can I still file a claim if I was partially at fault?
Yes. Montana follows a modified comparative negligence rule. This means you can recover compensation even if you were partially at fault for the accident, as long as you were not 51% or more at fault. However, your recovery is reduced by your percentage of fault. For example, if you were 20% at fault and your total damages are $100,000, you can recover $80,000. The defendant or insurance company may argue you were more at fault than you actually were. They do this to reduce their liability. Our attorneys investigate thoroughly to establish the defendant’s primary responsibility for your injury. We work to minimize any comparative fault arguments against you.
What should I do immediately after a catastrophic injury?
Immediately after a catastrophic injury, your priority is receiving emergency medical care. Call 911 if you’re seriously injured. Once you’re receiving medical treatment, take these steps:
- Report the incident to the police if it involves a vehicle accident, workplace injury, or crime.
- Gather contact information from witnesses.
- Take photographs of the accident scene and your injuries if possible.
- Keep all medical records and bills.
- Document your symptoms and recovery progress.
- Avoid discussing the accident on social media.
- Don’t accept settlement offers without consulting an attorney.
- Contact a catastrophic injury lawyer as soon as possible. Early legal intervention helps preserve evidence and protect your rights.
Contact Travis & Brann, PLLP Today
If you or a loved one has suffered a catastrophic injury in Kalispell or anywhere in Montana, don’t face this challenge alone. Our experienced catastrophic injury attorneys are ready to fight for the compensation you deserve. We offer a free initial consultation to discuss your case, answer your questions, and explain your legal options.
Call us today at (406) 752-7550 or contact us online to schedule your free consultation. We serve clients throughout Montana from our Kalispell office. We’re prepared to handle your catastrophic injury case with the skill, resources, and compassion it deserves.
See what our clients say about working with Travis & Brann, PLLP. Visit our testimonials page.