Montana Brain Injury Lawyer

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Montana ranks number two per capita in the United States for brain injury incidents. Brain injuries are not always the easiest type of injury to assess. Since the brain is an extremely complex organ, and since injuries to it can affect many different aspects of bodily function, from motor skills and coordination to cognitive processes, it may be hard to determine whether an accident has caused a brain injury or not. This is one of the many reasons that brain injuries are so devastating to both the victim and their families.

There are many different types of brain injuries, including open head injury, when it has been penetrated and there is a break in the skull bone; closed head brain injury, as a result from the slamming back and forth of the brain inside the skull, which tears blood vessels and tissues; deceleration injuries, where an abrupt stop causes the skull to stop as well, but the brain to continue traveling, bruising it and causing brain swelling and nerve cell damage; hypoxia, or lack of oxygen; and then there are infections caused by viruses and bacteria.

Brain injury is considered a personal injury case and most attorneys who specialize in brain injury law will take the case on a contingency fee basis. This means that they will not accept payment until you have won, therefore receiving a percentage of your reward.

A statute of limitations may apply to your brain injury case, depending on the state in which your injury occurred, and the extent of the injury. With severe brain injury, there may be a longer time given to file the case. Your brain injury attorney will advise you.

In the state of Montana, you have to prove that the damage caused to you was because of another person's negligence. If the injury was due to your carelessness, your monetary award recovery would be reduced in direct proportion to under the Montana comparative negligent law. If you were 51% at fault, you cannot recover any damages. However, for 50% fault or less, you can recover damages.

In the state of Montana, if there was more than one individual responsible for the accident and who is found negligent towards you, each individual is responsible for a portion of the total damages as long as they are 50% or less at fault. If the person is 51% or more at fault, then that person is responsible for the total damages less any percentage of fault attributable to you.

In the state of Montana, the statute of limitations 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 attend medical appointments and therapy, the cost of hiring anyone to help you, any permanent disability, emotional distress, and any future earning ability that is lost due to the injury. Contact a Montana brain injury lawyer attorney in order to start your process with the aid of a professional.

It's important to be comfortable with and to trust the lawyer you choose, as they can play a big part in helping to alleviate the stress that is associated with brain injuries and the legal proceedings that follow. You can focus on recovering from your injury while they focus on getting you what you are owed.


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