Great Falls Catastrophic Injury Lawyer

Catastrophic Injury Attorney in Great Falls, MT

A catastrophic injury can impact much more than the days and weeks after an accident occurs. Some injuries permanently alter a person’s mobility, ability to work, independence, communication, or need for ongoing care. A Great Falls catastrophic injury lawyer may determine how an accident happened and preserve evidence of its short- and long-term consequences when someone else could be responsible.

Long-Term Injury Representation From Bliven Law Firm, P.C.

Bliven Law Firm, P.C., has helped injured victims for more than three decades. Attorneys at the law firm represent people in personal injury cases. We typically seek settlements that are fair and avoid litigation when possible. However, our firm can file a claim to protect our clients’ interests and recover necessary compensation.

What Is a Catastrophic Injury?

The term “catastrophic injury” commonly refers to an injury that is unusually serious and causes long-lasting or permanent effects. Instead of allowing an individual to recover and return to their normal life, catastrophic injuries can impact essential life functions. Some examples may include: 

• Traumatic brain injuries
• Spinal cord injuries
• Paralysis
• Amputations
• Burns
• Loss of sight or hearing

According to the CDC, there were 26.2 million emergency room visits for unintentional injuries in a given year. There were also 197,449 unintentional injury deaths and 48,308 unintentional fall deaths in 2024.

Catastrophic injuries can occur as a result of car accidents, especially on some of the most accident-prone roadways, including 10th Avenue intersections with 14th Street, 15th Street, and 20th Street. The 1st Avenue North/Central Avenue bridge also sees frequent crashes.

How Much Time Do I Have to File a Claim?

Montana Code Annotated § 27-2-204 generally states the time limit to file personal injury or tort actions. Most people have a three-year window to start legal proceedings. Other statutes of limitations and rules may apply based on the defendant you are filing a claim against, the cause of action, and specific details about your case. This is why it is critical to determine the statute of limitations that applies.

Under Montana Code Annotated § 27-1-702, Montana utilizes a modified comparative negligence standard. An injured individual can still recover damages if their level of fault does not exceed the defendant’s or combined fault of all defendants against whom they seek recovery. However, a jury or judge may reduce the compensation awarded by their percentage of fault.

Medical Needs in a Catastrophic Injury

The initial hospital bills are just part of the picture when it comes to determining value in a catastrophic injury claim.

Individuals with lasting disabilities could face the need for further surgical procedures, continuous rehabilitative therapies, regular prescriptions, assistive mobility equipment, in-home medical support, mental health services, or extended health surveillance. The victim’s home and/or vehicle may need modifications to account for his or her decreased mobility.

Future medical needs should be taken into account prior to settling a claim, as any settlement typically prevents the injured party from seeking further compensation from the party that was released.

Compensation in a Catastrophic Injury Case

The extent of an injury doesn’t always dictate how much a case is worth. Each catastrophic injury is unique and should be compensated according to the injured person’s losses. Examples of recoverable damages are listed below: 

• Past and future medical bills
• Rehabilitation expenses
• Lost wages
• Diminished earning capacity
• Cost of medical equipment
• Home modifications
• Pain and suffering

In some cases, catastrophic injuries permanently impact how a person can live their life. Someone might not be able to perform household chores, participate in hobbies, or live independently. A judge or jury needs to hear evidence about how catastrophic injuries have affected your life.

Hire a Catastrophic Injury Lawyer With Local Experience in Great Falls

The injured person or family may choose to hire a catastrophic injury lawyer to research liability and build a case with evidence about the full impact of long-term damages. The attorney can gather evidence from the accident, medical records, employment documents, insurance information, and anything else necessary to prove liability and damages.

A Great Falls catastrophic injury attorney can also consult with medical and financial professionals to help calculate future medical needs, care necessities, lost earning capacity, and other lifelong impacts. Your lawyer can negotiate with insurance companies and the liable party and, if needed, file a claim and take the case through trial, including discovery, professional witnesses, and jury presentation.

FAQs

Can Family Members File a Claim After a Catastrophic Injury?

Family members typically cannot file a claim after a catastrophic injury. While the injured person is usually the only claimant, catastrophic injuries can raise legal issues that involve the entire family. For example, a spouse may have an independent claim for losses related to the injury. A guardian or another representative also may need to manage the injured person’s claim or settlement if he or she is unable to make legal decisions.

What Happens if a Catastrophic Injury Prevents Someone From Making Decisions?

If a catastrophic injury prevents someone from making decisions, a guardian may need to be appointed to make decisions. Certain catastrophic injuries, like severe brain injuries, can leave a person unable to make their own medical, financial, and legal decisions. If incapacity is likely to be long-term, a court may need to appoint a guardian or conservator to act on the person’s behalf. Existing estate planning documents like powers of attorney may also play a role.

What Happens if a Catastrophic Injury Worsens a Preexisting Injury?

When a catastrophic injury worsens a preexisting injury, people with preexisting medical conditions can still claim compensation after an accident. The key question is whether the accident caused new injuries or made the existing condition worse. Medical records from before and after the crash can be helpful for identifying symptoms that predate the accident versus changes caused by the accident.

Can More Than One Party Be Liable for a Catastrophic Injury?

Yes, more than one party may be liable for a catastrophic injury. Some accidents involve multiple parties who could be responsible for injuries. A catastrophic commercial vehicle crash, for instance, could involve the driver, their employer, the vehicle owner, the maintenance company, or even another motorist. It’s important to identify all responsible parties after a catastrophic injury, since long-term damages can far exceed the insurance policies of a single defendant.

Bliven Law Firm, P.C., Can Help

At Bliven Law Firm, P.C., we know how serious catastrophic injuries can be. We know catastrophic injury laws and can help you understand them when filing a claim. Contact us to get started.

Great Falls Catastrophic Injury Lawyer Reviews