Eureka Personal Injury Lawyer

Personal Injury Attorney In Eureka

A serious injury caused by another person’s negligence can change your life. If that happens in Eureka, MT, you need a capable personal injury attorney who is familiar with both the legal and practical aspects of handling your claim. An experienced Eureka, MT, personal injury lawyer can fight for your rights, guide you through Montana’s unique procedural requirements, and get you the maximum recovery while you focus on healing and moving forward.

About Us

The Montana personal injury lawyers of Bliven Law Firm, P.C., have more than 35 years of experience, having represented many injured people and families in Ronan and throughout the Treasure State. Our firm handles cases in Lake County and across Montana, delivering professional, aggressive legal advocacy.

We regularly appear in Lake County District Court, and our knowledge of the court’s rules and procedures can provide you with a significant advantage. No matter if your case involves a car accident, slip‑and‑fall, medical malpractice, or wrongful death, we can protect your rights and work diligently to get you the just compensation you deserve.

Understanding Personal Injury in Montana

Personal injury cases can arise from many types of events, ranging from car and truck accidents to slip and falls to medical malpractice to defective products. Most of these claims in Montana are based on the legal concept of negligence, which means that someone’s careless or reckless actions caused your injury.

Your attorney must establish that: 

• The other party owed you a duty of care.
• They violated that duty.
• They were the direct cause of your damages.

The laws in Montana also have some distinct characteristics, including comparative negligence standards, government immunity, and damage caps, so you need an attorney who understands how these rules apply.

Montana Personal Injury Laws

The statute of limitations is one of the most crucial deadlines in Montana personal injury cases. This is the time limit for filing a claim. Montana Code § 27‑2‑204 provides that the deadline for most personal injury claims is three years from the date the claim “accrues.” In many cases, this date is the date on which you were injured.

In Montana, you can still recover damages, even if you are partially at fault for the accident, up to a point. Under the concept of comparative negligence, your compensation will be lessened by your percentage of fault. However, if you are 51% or more at fault, you cannot recover any damages.

Montana also has a discovery rule. In some cases, if you didn’t immediately know that you were injured, the statute of limitations may not start until you discovered or reasonably should have discovered the injury.

Injury is the leading cause of death among those who live in Montana. In this state, about 1,000 residents die each year from injuries, many of them personal injuries. Two-thirds of these are unintentional. Firearm deaths are the top cause, with 2,244 occurring from 2014 to 2023.

Filing a Personal Injury Claim in Montana

To file a claim, you file a “complaint” in the District Court of the county where the accident occurred. It could also be where the defendant lives or does business. The Montana District Court serves as the primary court system handling civil personal injury matters across the state.

Your complaint should: 

• List the plaintiff’s and defendant’s names.
• Provide the details about the injury’s time and location.
• Describe your suffered harm.
• Specify the requested remedy, which usually takes the form of monetary damages.

Once you file your complaint, you must then “serve” the defendant with a copy of the complaint. Service of process is very important. If it’s not done correctly, your claim can be dismissed. Special procedures also apply if you are suing a government entity, such as the city, county, or state of Montana. For instance, you typically must first give the government agency written notice of your claim before you can file it, and you may be limited to government liability caps.

Why Hire a Personal Injury Lawyer?

When you hire a personal injury lawyer, they can protect your rights and make sure your claim is handled properly from the start. A Eureka personal injury attorney understands Montana’s laws, so they know how to gather evidence, negotiate with insurance companies, and determine the true value of your damages. With a professional working on your behalf, you are much more likely to get the compensation you deserve and need to move on with your life.

FAQs

What Are the Odds of Winning a Personal Injury Claim?

The likelihood of prevailing in a personal injury case can range from very low to near certainty, based on the: 

• Strength of evidence
• Degree of liability
• Extent of your injuries
• Quality of your legal counsel

On a national level, the vast majority of personal injury claims are resolved through settlement prior to trial. Plaintiffs prevail in a strong majority of cases that were resolved through negotiated settlement.

What Should I Not Say to an Injury Lawyer?

When speaking to an injury lawyer, do not lie about your injuries. Do not exaggerate them or say that you have injuries if they have not been verified by a medical professional. Additionally, do not downplay your injuries by claiming that you feel fine if you really don’t. Your lawyer needs the facts to build you an appropriate and strong case.

What Is the Hardest Injury to Prove?

Injuries that are invisible or subjective, such as traumatic brain injuries (TBI), chronic pain, soft-tissue injuries, and psychological injuries, can be the most difficult to prove. This is because they:

• Can’t always be seen on scans.
• May rely on the victim’s own reporting of their symptoms.
• Are often considered bogus or nonexistent by insurers.

How Much Do Most Personal Injury Lawyers Charge?

Personal injury lawyers are almost always paid on a contingency fee basis. This means the lawyer only gets paid if you win. They will then take a percentage of the final settlement or judgment. The exact amount will be based on the case’s complexity, litigation expenses, and whether it goes to trial. The lawyer’s contingency fee is usually agreed upon before the case starts. This allows injured parties to seek damages without having to pay anything up front or by the hour.

Contact Bliven Law Firm, P.C.

If you or someone you know suffered an injury due to another party’s negligence or intentional actions, you may be entitled to compensation from the responsible party. Contact Bliven Law Firm, P.C., for a consultation.