A car accident in Montana happens in a heartbeat, but the consequences of a spinal cord injury can last a lifetime. Whether it occurred on a snow-dusted stretch of I-90 or at a busy intersection in Billings, the sudden transition from driver to patient is jarring.
You are likely facing questions about your mobility, your career and how your family will adapt to this new reality.
Identifying the severity of spinal cord trauma
Spinal cord injuries are categorized by their severity and location. Clinically, a “complete” spinal cord injury signifies a total absence of sensory and motor signals beneath the level of the injury.
Conversely, an “incomplete” injury indicates that the spinal cord still maintains some capacity to transmit messages between the brain and the rest of the body.
According to data from the National Spinal Cord Injury Statistical Center, the lifetime costs can be very high, often reaching millions of dollars, depending on the person’s age and level of paralysis.
Applying Montana liability and negligence laws
Montana law follows the principle of modified comparative fault. Under Montana law, you may still pursue a legal claim even if a jury finds you partially responsible for the collision. However, this is only possible if your share of the negligence falls below 51%.
This legal framework is vital for you because it allows for partial recovery in complex multi-vehicle accidents, though a jury will reduce any final award by your percentage of fault.
Understanding the statutory deadlines for legal claims
Montana law typically gives you three years after an accident to file a personal injury lawsuit. However, if your accident involved a government vehicle or a state-maintained road, you must first file a written claim and complete a mandatory 120-day waiting period before filing in District Court. Skipping this step can block you from taking your case to court.
Prioritizing your personal and medical recovery
Getting better is your main job after a crash, but protecting your future runs a close second. As you heal, take time to learn your medical and legal options so you are not caught off guard later. Collecting records from the Montana Department of Transportation and your medical providers will help show how the accident has affected your life.
The stronger your documentation, the better your position when it comes time to pursue the compensation you deserve.