If you’ve been harmed due to the actions of someone else, chances are you will work to recover compensation for your losses. You may need to speak to an attorney to help increase your chances of success, but your first step should simply be understanding what a personal injury lawsuit is. Here, we want to review the typical personal injury lawsuit flow from beginning to end. Please keep in mind that no two injury claims are exactly alike, so the specific process for your claim may not look exactly like this.
Step 1: Consulting with a Montana Personal Injury Lawyer
The first step in any personal injury lawsuit is a consultation with an experienced attorney. This meeting provides an opportunity for you to discuss the details of your case and ask questions about the process. A Montana personal injury lawyer will evaluate the viability of your claim based on factors like:
- The nature and severity of the injury
- Whether negligence played a role in causing the injury
- Any evidence available, such as medical records or witness statements
Montana has specific laws regarding personal injury, so it’s critical to choose a lawyer familiar with the state’s unique legal landscape. An attorney will advise you on whether you have a valid claim and explain the next steps if you decide to proceed.
Step 2: Filing the Complaint
After gathering initial information and deciding to proceed, your attorney will file a formal complaint in the appropriate Montana court. The complaint is a legal document outlining:
- The details of the accident: When and how it occurred
- The parties involved: Including both the plaintiff (injury victim) and defendant(s)
- Legal grounds for the claim: Including allegations of negligence or liability
- Compensation sought: Damages the plaintiff is requesting for medical expenses, lost wages, pain and suffering, and more
Filing the complaint officially initiates the lawsuit and notifies the defendant of your intent to seek compensation.
Step 3: Serving the Defendant
Once the complaint is filed, the next step is to serve the defendant with a copy of the complaint and a summons. In Montana, this step involves delivering the documents in person or via mail. The defendant then has a limited time (typically 20 days) to respond. Failure to respond may result in a default judgment in favor of the plaintiff.
Step 4: The Discovery Process
During the discovery phase, both sides gather evidence to support their claims. This stage includes several methods of information-gathering:
- Interrogatories: Written questions each party must answer under oath
- Depositions: Formal interviews of witnesses and involved parties, recorded by a court reporter
- Document Requests: Each side may request relevant documents, such as medical records, accident reports, or insurance policies
- Physical or Mental Examinations: If the injury is a central issue, a medical examination may be requested
Discovery is typically the longest part of the lawsuit process, sometimes lasting several months, and helps ensure both sides have a full understanding of the evidence before proceeding to trial.
Step 5: Settlement Negotiations
Many Montana personal injury cases are resolved through settlement negotiations before reaching trial. Settlement discussions can occur at any point during the lawsuit and often involve:
- Evaluating damages: The parties assess the costs related to the injury, including medical bills, lost wages, and other losses.
- Negotiating compensation: Both parties may negotiate on compensation amounts to reach a mutually acceptable settlement.
- Mediation or arbitration: If direct negotiations stall, a neutral mediator or arbitrator can assist in reaching an agreement.
Accepting a settlement means that the plaintiff will not proceed to trial. While settlement may shorten the lawsuit process and provide compensation more quickly, it’s essential to carefully evaluate the terms with your attorney to ensure the offer is fair.
Step 6: Preparing for Trial
If a settlement cannot be reached, the case will move to trial. At this stage, both the plaintiff and the defendant, along with their attorneys, prepare to present their arguments and evidence before a judge or jury. Trial preparation often involves:
- Reviewing witness statements and evidence: Attorneys may refine their strategies and organize evidence to present the strongest case.
- Developing opening and closing statements: These statements provide a roadmap of the case and summarize the key points to influence the judge or jury.
- Arranging expert testimony: Experts, such as accident reconstruction specialists or medical professionals, may testify to support the plaintiff’s claims.
In Montana, personal injury trials can take place before either a judge alone or a jury. Your attorney will guide you on what to expect and ensure that you feel prepared and informed.
Step 7: The Trial
The trial itself involves both parties presenting their evidence, calling witnesses, and making arguments. In a personal injury trial, the plaintiff’s goal is to demonstrate that the defendant’s negligence or wrongful actions directly caused their injuries. A trial typically includes the following steps:
- Opening Statements: Each side outlines their case for the judge or jury.
- Plaintiff’s Case: The plaintiff presents their evidence, including witness testimonies, documents, and expert opinions.
- Defendant’s Case: The defendant responds with their own evidence and witnesses, often challenging the plaintiff’s claims.
- Closing Arguments: Both sides summarize their cases, emphasizing key points and why they believe they should prevail.
- Jury Deliberation or Judge’s Decision: After hearing the evidence, the judge or jury decides the case, determining whether the defendant is liable and, if so, the compensation amount.
Step 8: Receiving the Verdict and Compensation
If the verdict is in your favor, the judge or jury will determine the amount of compensation. Damages in a Montana personal injury case can include:
- Economic Damages: Covering quantifiable losses, such as medical bills, lost income, and property damage
- Non-Economic Damages: Addressing intangible losses, including pain, suffering, and loss of enjoyment of life
Montana does not currently have a cap on non-economic damages for personal injury cases, so the final award may reflect the full extent of the victim’s losses.
Step 9: Post-Trial Motions and Appeals
After the verdict, either party may file post-trial motions to challenge the decision or seek modifications. The defendant may file an appeal, which could delay compensation. Your attorney will help you navigate any post-trial proceedings, ensuring that your rights remain protected.
Step 10: Collecting Your Award
Once all motions and appeals are resolved, the final step is to collect your awarded compensation. If the defendant has insurance, payment often comes through their insurance provider. If not, collection methods may involve wage garnishment or property liens to satisfy the judgment.
Contact Kortum Law Office, P.L.L.C. for Help with Your Personal Injury Lawsuit
Navigating a Montana personal injury lawsuit can be overwhelming, but you don’t have to face it alone. At Kortum Law Office, P.L.L.C., we are here to guide you through each step, advocating for your rights and helping you pursue the compensation you deserve. Contact us today for a free consultation to discuss your case and learn how we can help.