Brain injury is considered a personal injury case and most attorneys that specialize in brain injury law will take the case on a contingency fee basis. This is a difficult time for most family so having a professional brain injury lawyer who can empathize with the situation is the best decision to make.

There is usually a statute of limitation with these kinds of injuries depending on the state that the injury occurred. With severe brain injury there may be a longer time given to file the case. Your brain injury attorney will advise you.

Make sure the person who committed the injury knows that you will be filing a claim, so that they can provide all the information you will need.

In the State of Montana , you have to prove that the person who caused the injury has been negligent and failed to use reasonable care. You must prove that there was damaged suffered, that the person who caused the injury failed to carry out their respective duty, the other person’s failure caused your injury and that the person owed you the duty to take care of you.

If the injury was due to your carelessness and you contributed to the injury, your monetary award recovery would be reduced in direct proportion to your carelessness under the Montana comparative negligent law. If you were 51% at fault, you cannot recover any damages. However, for a 50% fault or less, you can recover damages.

In the State of Montana , if there were more than one individuals negligent toward you, each individual is responsible for a portion of the total damages as long as there is a 50% or less at fault. If the person is 51% or more at fault, then the person is jointly and severally responsible for the total damages less the percentage at which you are at fault.

In the State of Montana , the statute of limitation is three years to file a lawsuit against the individual who caused you injury. If your brain injury lawyer is not able to settle the case with the insurance company, then you will have to file a lawsuit before the statute of limitation runs out.

Under Montana law, the person who caused you injury has to pay for your past, current and future estimated medical expenses, time lost from work including time spent to meet medical appointments and therapy, the cost of hiring anyone to help you, any permanent disability, emotional distress, and any future earning ability due to the injury.