Motorcycle accidents can be devastating, resulting in life-altering injuries and significant financial burdens. If you or a loved one has been involved in a motorcycle accident in Montana, we want you to understand the compensation you may be entitled to. While every case is unique, a recent study has shown that the average settlement in Montana is $73,700. This blog discusses factors that influence motorcycle accident compensation in the state of Montana, as well as the types of damages that are available after a motorcycle accident.
Statute of Limitations
In any claim, the statute of limitations must be addressed because if you do not act in time, you are usually unable to bring your claim at all. In Montana, the statute of limitations to bring a motorcycle accident claim is three (3) years from the date of the accident. It is important to discuss your case as soon as possible with an experienced attorney, even if your claim is not filed right away, as this will maximize your ability to collect the correct information and evidence in a timely manner.
Liability and Negligence
In Montana, compensation for motorcycle accidents largely depends on establishing liability and negligence. A party is liable for an accident if they are the cause of the accident (that is, they are the party in the accident who was at fault). A party is negligent if they owed a duty of care, breached that duty of care, were the cause of the accident, and there was actual damage to you or your property. To pursue a successful claim, it’s essential to prove that the other party involved (typically the driver of another vehicle) acted negligently or recklessly, causing the accident.
Types of damages available in Montana
Economic damage is a significant component of motorcycle accident compensation. This includes medical expenses, lost wages, property damage, and any other out-of-pocket expenses incurred as a direct result of the accident. Usually, these damages are the easiest to prove because there is tangible evidence of the loss.
Non-economic damages, such as pain and suffering, emotional distress, and loss of quality of life, can also be included in motorcycle accident compensation. These damages are more challenging to quantify but are equally important in ensuring that the victim is adequately compensated for the physical and emotional toll of the accident.
The compensation you receive may also depend on the insurance policies involved. If the at-fault party has inadequate insurance coverage, it’s essential to explore your options, such as underinsured or uninsured motorist coverage, to ensure you receive fair compensation.
Comparative Fault
Your compensation may be reduced if it is found that you were partially at fault under Montana’s modified comparative fault system. If it is determined that you were, for example, 20% at fault, your compensation would be reduced by that percentage.
As you can see, the range of issues to be considered and the types of damages that you may be entitled to are complex. If you or a loved one has been involved in a motorcycle accident in Montana, it’s essential to consult with an experienced law firm that specializes in these cases. With their guidance, you can navigate the legal process and pursue the compensation you need to rebuild your life after a motorcycle accident. If you want to learn how you can seek monetary compensation for your loss, then contact us today to schedule a free consultation.
Attorney Anthony F. Jackson has years of experience representing clients in motorcycle accident cases. We can identify the defendants who may be liable for your injuries, liaise with insurance, settle cases in your best interests, and prepare your case for trial if it is not resolved through settlement negotiation.